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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2279: commercial river outfitters; limited liability
Sponsor: Representative Way, LD 15
Committee on Commerce
Overview
Provides a limited liability exception to commercial river outfitters.
History
Grand Canyon National Park provides unique opportunities for individuals to raft down the white waters of the Colorado River. Individuals who river raft are exposed to inherent risks including rapids and currents, capsizing and falling, cold water immersion and drowning. The Grand Canyon River Outfitters Association oversee and regulate the commercial river outfitters for Grand Canyon National Park.
Statute grants certain industries limited liability protection from injuries or death except for instances of intentional misconduct or gross negligence. As part of granting limited liability protection, most industries must have a signed liability release form. An owner or operator of a closed-course motor vehicle racetrack is not liable for an injury or death to nongeneral spectators provided they have signed liability release forms and the injury or death was not caused by intentional misconduct or gross negligence (A.R.S § 12-556).
Provisions
1. Exempts a commercial river outfitter from liability for an injury to or the death of a participant resulting from an inherent risk of a river trip in Grand Canyon National Park. (Sec. 1)
2. Specifies a commercial river outfitter is not responsible for altering, eliminating, controlling or decreasing the inherent risks of participating in a river trip in Grand Canyon National Park. (Sec. 1)
3. Allows a commercial river outfitter to contractually identify the inherent risks of a river trip. (Sec. 1)
4. Requires the participant and the identification of inherent risks to be determinative and binding. (Sec. 1)
5. Grants immunity to commercial river outfitters for:
a. claims for injury or death arising out of the inherent risks unless the claims arise out of other circumstances; and
b. claims arising out of ordinary negligence only if the claims are contractually waived in a liability release. (Sec. 1)
6. Allows a person to 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. (Sec. 1)
7. Declares the limited liability exemption does not apply to a commercial river outfitter that is grossly negligent or commits willful, wanton or intentional acts or omissions. (Sec. 1)
8. Defines commercial river outfitter as: 1) an entity that is allowed under federal law to provide river trips to the public in Grand Canyon National Park; and 2) includes employees of a commercial river outfitter who are acting in the course and scope of their employment. (Sec. 1)
9. Defines river trip as 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. (Sec. 1)
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13. Initials PB HB 2279
14. 1/22/2026 Page 0 Commerce
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