SRLA Conference 2020

Waivers or releases are the best protection for outdoor recreation providers for negligence in most states. Many states have enacted statutory protections for recreation industries also. States began passing laws in the 1970’s that limited negligence claims brought by injured skiers, then later equine statutes in 1990, and now paddlesports have been added.  These statutes increase the risks that are considered inherent to the activity and impose responsibilities to the providers.  As long as the providers insure they meet their responsibilities, they receive greater protection from lawsuits for those risks. This presentation will look at the legislation and the state Supreme Court decisions removing the defense of a release because of the enactment of the statute.