|
House Engrossed
commercial river outfitters; limited liability |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HOUSE BILL 2279 |
|
|
|
|
AN ACT
amending title 12, chapter 5, article 3, Arizona Revised Statutes, by adding section 12-558.04; relating to limitations of actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 12-558.04, to read:
12-558.04. Limited liability; commercial river outfitters; exceptions; definitions
A. A commercial river outfitter does not have a duty to alter, eliminate, control or decrease the inherent risks of participating in a river trip in Grand Canyon national park. The inherent risks of a river trip may be contractually identified by the commercial river outfitter and a participant in a river trip, and the identification of inherent risks shall be determinative and binding. Commercial river outfitters are immune from claims for injury or death that arise out of the inherent risks of a river trip but are not immune from claims arising out of other circumstances, except as provided in subsection B of this section.
B. Except as provided in subsection C of this section, a person may voluntarily release a commercial river outfitter from liability for an injury to or the death of a person resulting from participation in a river trip in Grand Canyon national park. A commercial river outfitter is immune from claims arising out of ordinary negligence only if the claims are contractually waived in a liability release.
C. Subsections A and B of this section do not apply to a commercial river outfitter that is grossly negligent or that commits wilful, wanton or intentional acts or omissions.
D. Subsection A of this section does not apply to a commercial river outfitter if both of the following apply:
1. The commercial river outfitter knows or should have known that a hazardous condition exists.
2. The commercial river outfitter fails to disclose the hazardous condition to a participant.
E. For the purposes of this section:
1. "Commercial river outfitter":
(a) Means an entity that is allowed under federal law to provide river trips to the public in Grand Canyon national park.
(b) Includes employees of a commercial river outfitter who are acting in the course and scope of their employment.
2. "River trip" means all of the activities or occurrences, whether taking place on water or land, for which the commercial river outfitter has agreed to provide outfitting or guiding services.