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Chapter 20     Entire Code
‹ Chapter 19  |  Chapter 20A › Printer Friendly Versions
Chapter 20  |  Article 20 - 3B

1 - ORGANIZATION AND ADMINISTRATION

1A - REAL ESTATE MANAGEMENT AND PRO

2 - WILDLIFE RESOURCES

2A - VOLUNTARY WILDLIFE CHECK-OFF P

2B - WILDLIFE ENDOWMENT FUND

2C - INTERSTATE WILDLIFE VIOLATOR C

3 - FORESTS AND WILDLIFE AREAS

3A - SKIING RESPONSIBILITY ACT

3B - WHITEWATER RESPONSIBILITY ACT
    20 - 3 B- 1
    20 - 3 B- 2
    20 - 3 B- 3
    20 - 3 B- 4
    20 - 3 B- 5

4 - EQUESTRIAN ACTIVITIES RESPONSIB

4A - SKIN AND SCUBA DIVING

5 - PARKS AND RECREATION

5A - WATER POLLUTION CONTROL ACT

5B - NATURAL STREAMS PRESERVATION A

5C - WEST VIRGINIA WATER DEVELOPMEN

5D - DAM CONTROL ACT

5E - HAZARDOUS WASTE MANAGEMENT ACT

5F - SOLID WASTE MANAGEMENT ACT

5G - HAZARDOUS WASTE EMERGENCY RESP

5H - WEST VIRGINIA UNDERGROUND STOR

5I - WATER POLLUTION CONTROL REVOLV

5J - MEDICAL WASTE ACT

5K - COMMERCIAL INFECTIOUS MEDICAL

5L - RESERVED FOR FUTURE USE

5M - WEST VIRGINIA GROUNDWATER PROT

5N - SOLID WASTE LANDFILL CLOSURE A

6 - WEST VIRGINIA SURFACE COAL MINI

6A - LIMITATIONS ON SURFACE MINING

6B - INTERSTATE MINING COMPACT

6C - ABANDONED MINE RECLAMATION ACT

6D - SURFACE MINING AND RECLAMATION

7 - LAW ENFORCEMENT, MOTORBOATING,

7A - CAVE PROTECTION

8 - GENERAL AND MISCELLANEOUS PROVI

9 - BOAT DOCK AND MARINA SAFETY REQ

10 - COMMERCIAL HAZARDOUS WASTE MA

10A - HAZARDOUS WASTE FACILITY SIT

11 - WEST VIRGINIA RECYCLING PROGR

12 - CONSERVATION AND PRESERVATION

13 - WEST VIRGINIA STREAM PARTNERS

14 - HATFIELD-MCCOY REGIONAL RECRE

15 - ATV RESPONSIBILITY ACT

16 - NONPROFIT ADVENTURE AND RECRE

WVC 20- CHAPTER 20. NATURAL RESOURCES.
WVC 20 - 3 B- ARTICLE 3B. WHITEWATER RESPONSIBILITY ACT.

WVC 20 - 3 B- 1 §20-3B-1. Legislative purposes.


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.

WVC 20 - 3 B- 2 §20-3B-2. Definitions.

Unless the context of usage clearly requires otherwise:

(a) "Commercial whitewater outfitter" means any person, partnership, corporation or other organization, or any combination thereof, as defined in section twenty-three, article two of this chapter.

(b) "Commercial whitewater guide" means any person as defined in section twenty-three, article two of this chapter.

(c) "Participant" means any person using the services of a commercial whitewater outfitter or commercial whitewater guide on any river, portions of rivers or waters of the state.

WVC 20 - 3 B- 3 §20-3B-3. Duties of commercial whitewater outfitters and commercial whitewater guides.

(a) All commercial whitewater outfitters and commercial whitewater guides offering professional services in this state shall provide facilities, equipment and services as advertised or as agreed to by the commercial whitewater outfitter, commercial whitewater guide and the participant. All services, facilities and equipment provided by commercial whitewater outfitters and commercial whitewater guides in this state shall conform to safety and other requirements set forth in article two of this chapter and in the rules promulgated by the commercial whitewater advisory board created by section twenty-three-a, article two of this chapter.

(b) In addition to the duties set forth in subsection (a) of this section, all commercial whitewater guides providing services for whitewater expeditions in this state shall, while providing such services, conform to the standard of care expected of members of their profession.

WVC 20 - 3 B- 4 §20-3B-4. Duties of participants.


(a) Participants have a duty to act as would a reasonably prudent person when engaging in recreational activities offered by commercial whitewater outfitters and commercial whitewater guides in this state.

(b) No participant may:

(1) Board upon or embark upon any commercial whitewater expedition when intoxicated or under the influence of nonintoxicating beer, intoxicating beverages or controlled substances; or

(2) Fail to advise the trip leader or the trip guide of any known health problems or medical disability and any prescribed medication that may be used in the treatment of such health problems during the course of the commercial whitewater expedition; or

(3) Engage in harmful conduct or willfully or negligently engage in any type of conduct which contributes to or causes injury to any person or personal property; or

(4) Perform any act which interferes with the safe running and operation of the expedition, including failure to use safety equipment provided by the commercial whitewater outfitter or failure to follow the instructions of the trip leader or trip guide in regard to the safety measures and conduct requested of the participants; or

(5) Fail to inform or notify the trip guide or trip leader of any incident or accident involving personal injury or illness experienced during the course of any commercial whitewater expedition. If such injury or illness occurs, the participant shall leave personal identification, including name and address, with the commercial whitewater outfitter's agent or employee.

WVC 20 - 3 B- 5 §20-3B-5. Liability of commercial whitewater outfitters and commercial whitewater guides.

It is recognized that some recreational activities conducted by commercial whitewater outfitters and commercial whitewater guides are hazardous to participants regardless of all feasible safety measures which can be taken.

(a) No licensed commercial whitewater outfitter or commercial whitewater guide acting in the course of his employment is liable to a participant for damages or injuries to such participant unless such damage or injury was directly caused by failure of the commercial whitewater outfitter or commercial whitewater guide to comply with duties placed on him by article two of this chapter, by the rules of the commercial whitewater advisory board, or by the duties placed on such commercial whitewater outfitter or commercial whitewater guide by the provisions of this article.

(b) The limitations on liability created by this article apply only to commercial whitewater outfitters licensed under the provisions of article two of this chapter and to commercial whitewater guides who are agents or employees of licensed commercial whitewater outfitters, and only when the commercial whitewater outfitter or commercial whitewater guide is acting within the course of his employment.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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