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Home » US Law » 2022 West Virginia Code » Chapter 20. Natural Resources » Article 3B. Whitewater Responsibility Act

§20-3B-1. Legislative Purposes

Every year, in rapidly increasing numbers, the inhabitants of the State of West Virginia and nonresidents are enjoying the recreational value of West Virginia rivers and streams. The tourist trade is of vital importance to the State of West Virginia and the services offered by commercial whitewater outfitters and commercial whitewater guides significantly contribute to […]

§20-3B-2. Definitions

Unless the context of usage clearly requires otherwise: (a) "Commercial whitewater outfitter" means any person, partnership, corporation or other organization, or any combination thereof, as defined in section twenty-three, article two of this chapter. (b) "Commercial whitewater guide" means any person as defined in section twenty-three, article two of this chapter. (c) "Participant" means any […]

§20-3B-3. Duties of Commercial Whitewater Outfitters and Commercial Whitewater Guides

(a) All commercial whitewater outfitters and commercial whitewater guides offering professional services in this state shall provide facilities, equipment and services as advertised or as agreed to by the commercial whitewater outfitter, commercial whitewater guide and the participant. All services, facilities and equipment provided by commercial whitewater outfitters and commercial whitewater guides in this state […]

§20-3B-4. Duties of Participants

(a) Participants have a duty to act as would a reasonably prudent person when engaging in recreational activities offered by commercial whitewater outfitters and commercial whitewater guides in this state. (b) No participant may: (1) Board upon or embark upon any commercial whitewater expedition when intoxicated or under the influence of nonintoxicating beer, intoxicating beverages […]

§20-3B-5. Liability of Commercial Whitewater Outfitters and Commercial Whitewater Guides

It is recognized that some recreational activities conducted by commercial whitewater outfitters and commercial whitewater guides are hazardous to participants regardless of all feasible safety measures which can be taken. (a) No licensed commercial whitewater outfitter or commercial whitewater guide acting in the course of his employment is liable to a participant for damages or […]