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REFERENCE TITLE: commercial river outfitters; limited liability |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2279 |
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Introduced by Representatives Way: Marshall, Nguyen, Weninger, Wilmeth
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AN ACT
amending title 12, chapter 5, article 3, Arizona Revised Statutes, by adding section 12-588.04; 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; exception; definitions
A. Except as provided in subsection C of this section, a commercial river outfitter is not liable for an injury to or the death of a participant arising from an inherent risk of a river trip in Grand Canyon national park. 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.
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. 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.