70-7-202 - Legislative findings Purpose Construction. [Effective until July 1, 2010. See the Compiler's Notes.]
70-7-202. Legislative findings Purpose Construction. [Effective until July 1, 2010. See the Compiler's Notes.]
(a) The general assembly recognizes that white water rafting, in both its commercial and noncommercial applications, is a major industry and recreational activity in Tennessee and that among the attractions of the activity of white water rafting are risks, inherent and otherwise. The general assembly recognizes that the state of Tennessee has a legitimate interest in maintaining the economic viability of commercial white water rafting operations and in maintaining the availability of noncommercial white water rafting opportunities, because it recognizes that the state and its citizens derive numerous economic and personal benefits from the activity of white water rafting. It is, therefore, the intent of the general assembly to encourage white water rafting by discouraging claims based on injury, death or damages resulting from risks inherent in white water rafting.
(b) The purpose of this part is to limit or eliminate the liability of a provider of a white water rafting activity or opportunity to a participant when injury, death or damage caused by or to the participant is the result of risks inherent in white water rafting.
(c) The general assembly intends that this part be broadly construed to effectuate the purpose of shielding canoe and kayak rental businesses and providers of white water rafting activities from liability for injuries, death or damages caused by the inherent risk or risks of white water rafting, canoeing and kayaking on the rivers of Tennessee.
[Acts 2005, ch. 169, § 1.]