Every year, in rapidly increasing numbers, the inhabitants of
the state of West Virginia and nonresidents are enjoying the
recreational value of West Virginia rivers and streams. The
tourist trade is of vital importance to the state of West Virginia
and the services offered by commercial whitewater outfitters and
commercial whitewater guides significantly contribute to the
economy of the state of West Virginia. The Legislature recognizes
that there are inherent risks in the recreational activities
provided by commercial whitewater outfitters and commercial
whitewater guides which should be understood by each participant.
It is essentially impossible for commercial whitewater outfitters
and commercial whitewater guides to eliminate these risks. It is
the purpose of this article to define those areas of responsibility
and affirmative acts for which commercial whitewater outfitters and
commercial whitewater guides are liable for loss, damage or injury.
Note: WV Code updated with legislation passed through the 2012 1st Special Session