West Virginia Code § 20-3B-5

Liability of commercial whitewater outfitters and commercial whitewater
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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 uwith 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 otr 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 twlo of this chapter and to commercial
whitewater guides who are agents or employeses of licensed commercial whitewater
outfitters, and only when the commercial whitewater outfitter or commercial whitewater
guide is acting within the course of his employment.

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