70-7-205 - Liability of provider for negligence. [Effective until July 1, 2010. See the Compiler's Notes.]
70-7-205. Liability of provider for negligence. [Effective until July 1, 2010. See the Compiler's Notes.]
(a) Nothing in this part precludes an action based on negligence of the provider, if the injury, death or damage is not the result of an inherent risk of white water rafting. Provider negligence, for which an action is not precluded, may include, but is not limited to the:
(1) Improper or inadequate maintenance, repair or replacement of equipment used incidental to or required in white water rafting; and
(2) Failure to train, or the improper or inadequate training of, employees of the provider who are actively involved in white water rafting.
(b) Nothing in this part shall apply to a cause of action based on the design or manufacture of equipment, products or safety equipment used incidental to or required in white water rafting.
(c) This part shall not prevent or limit the liability of a white water rafting provider that commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant and that act or omission injures, kills or damages the participant.
[Acts 2005, ch. 169, § 1.]