TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 12

RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES

6-1206.  Liability of outfitters and guides. (1) No outfitter or guide licensed under the provisions of chapter 21, title 36, Idaho Code, and acting in the course of his employment shall be liable to a participant for damages or injuries to such participant unless such damage or injury was directly or proximately caused by the negligent, reckless, or intentional conduct of the outfitter or guide.

(2)  An outfitter or guide has no duty to eliminate, alter, control, or lessen the risks inherent with recreational activities provided by outfitters and guides. A participant who takes part in a recreational activity provided by outfitters and guides assumes all risks inherent in that activity.

(3)  Any person may, by express written consent, prospectively waive negligence claims against licensed outfitters and guides. It is the policy of this state that such written liability waivers are enforceable to the same degree as similar waivers for other activities.

History:

[6-1206, added 1979, ch. 317, sec. 1, p. 853; am. 1997, ch. 345, sec. 4, p. 1029; am. 2022, ch. 111, sec. 6, p. 371; am. 2023, ch. 109, sec. 1, p. 322.]