Wyoming Recreational Safety Act

Wyo. Stat. Ann. §§ 1-1-121 to 1-1-123

§ 1-1-121.Recreation Safety Act; short title.

This act shall be known and may be cited as the “Recreation Safety Act”.

§ 1-1-122.  Definitions.

(a)  As used in this act:

(i)   “Inherent risk” with regard to any sport or recreational opportunity means those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity;

(ii)  “Provider” means any person or governmental entity which for profit or otherwise, offers or conducts a sport or recreational opportunity. This act does not apply to a cause of action based upon the design or manufacture of sport or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational opportunity;

(iii) “Sport or recreational opportunity” means commonly understood sporting activities including baseball, softball, football, soccer, basketball, swimming, hockey, dude ranching, nordic or alpine skiing, mountain climbing, river floating, hunting, fishing, backcountry trips, horseback riding and any other equine activity, snowmobiling and similar recreational opportunities;

(iv) “Equine activity” means:

(A) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines;

(B) Any of the equine disciplines;

(C) Equine training or teaching activities, or both;

(D) Boarding equines;

(E) Riding, inspecting or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine;

(F) Rides, trips, hunts or other equine activities of any type however informal or impromptu;

(G) Day use rental riding, riding associated with a dude ranch or riding associated with outfitted pack trips; and

(H) Placing or replacing horseshoes on an equine.

(v)  Repealed by Laws 1996, ch. 78, § 2.

(vi) “This act” means W.S. 1-1-121 through 1-1-123.

§ 1-1-123.  Assumption of risk.

(a)  Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity.

(b)  A provider of any sport or recreational opportunity is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity.

(c)  Actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved pursuant to W.S. 1-1-109.

 


Bill before congress to open the Yellowstone River and Grand Teton National Parks to paddling has an interesting side

The bill is sponsored by, let’s say, a very non environmental supporter in Congress. The bill is part of several other bills which are not so innocuous and the bill opens vast areas to paddling that the NPS will not be able to control.

You can find the bill here:

113th CONGRESS

1st Session

H. R. 3492

IN THE HOUSE OF REPRESENTATIVES

November 14, 2013

Mrs. Lummis (for herself and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes.

1.

Short Title

This Act may be cited as the ” River Paddling Protection Act “.

2.

Regulations Superseded

(a)

In general

The following regulations shall have no force or effect with regard to hand-propelled vessels and the Secretary of the Interior may not issue substantially similar regulations that apply to hand-propelled vessels:

(1)

Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations, regarding vessels on streams and rivers in Yellowstone National Park.

(2)

Section 7.22(e)(3) of title 36, Code of Federal Regulations, regarding vessels on lakes and rivers in Grand Teton National Park.

(b)

Wildlife-Dependent recreational use

Notwithstanding section 25.21(a) of title 50, Code of Federal Regulations, regarding National Elk Refuge, the use of hand-propelled vessels on rivers and streams in the National Elk Refuge shall be considered a “wildlife-dependent recreational use” as that term is defined in section 5(2) of Public Law 89–669 ( 16 U.S.C. 668ee(2) ).

On the surface it looks great. We can paddle on a couple of rivers that have been closed forever. However, does it open up too much?  It does not stop on the Yellowstone River but all rivers in Yellowstone National park. The same with Grand Teton National Park, everything will be fair paddling game.

Honestly, I don’t know if that is good, great or bad.  You need to read and investigate for yourself.

Here are some comments: Protection of parks requires self restraint and Lummis Boating Legislation for Yellowstone and Grand Teton Parks Misguided.

Do Something

Read, educate yourself and get involved.

What do you think? Leave a comment.

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Copyright 2014 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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By Recreation Law    Rec-law@recreation-law.com         James H. Moss         #Authorrank

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Wyoming Ski Area Statute

WYOMING STATUTES ANNOTATED

Title 6  Crimes and Offenses

Chapter 9  Miscellaneous Offenses

Article 2.  Other

GO TO CODE OF WYOMING ARCHIVE DIRECTORY

Wyo. Stat. § 6-9-201  (2012)

§ 6-9-201.  Trespass on closed or unsafe areas within ski areas; penalty; exceptions.

  (a) A person is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00) if he:

   (i) Skis on a slope or trail that has been posted as “closed”;

   (ii) Knowingly enters upon public or private lands from an adjoining ski area when the lands have been closed by the owner and posted as closed by the owner or by the ski area operator; or

   (iii) Intentionally enters state or federal land leased and in use as a ski area, knowing:

      (A) The lessee of the premises has designated the land as an unsafe area; or

      (B) The land has been posted with warning signs, prohibiting entry, which are reasonably likely to come to the attention of the public.

 (b) This section does not apply to peace officers, national park or forest service officers, or persons authorized by the lessee of the premises.

HISTORY: (Laws 1982, ch. 75, § 3; 1989, ch. 202, § 1.)

NOTES: Law reviews.

For article, “Recreational Injuries and Inherent Risks: Wyoming’s Recreation Safety Act: An Update,” see XXXIII Land & Water L. Rev. 249 (1998).

Am. Jur. 2d, ALR and C.J.S. references.

Liability for injury or death from ski lift, ski tow or similar device, 95 ALR3d 203.

Ski resort’s liability for skier’s injuries resulting from condition of ski run or slope, 55 ALR4th 632.

   HIERARCHY NOTES:

   Tit. 6 Note

   Tit. 6, Ch. 9 Note

Wyo. Stat. § 6-9-301  (2012)

§ 6-9-301.  Skier safety; skiing while impaired; unsafe skiing; collisions; penalties.

  (a) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person’s ability to do so is impaired by the consumption of alcohol or by the use of any illicit controlled substance or other drug as defined by W.S. 35-7-1002.

(b) No person shall ski in reckless disregard of his safety or the safety of others.

(c) No skier involved in a collision with another person in which an injury results shall leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator or a member of the ski patrol except for the purpose of securing aid for a person injured in the collision, in which event the person leaving the scene of the collision shall give his name and current address as required by this subsection within twenty-four (24) hours after securing aid.

(d) Any person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than twenty (20) days, a fine of not more than two hundred dollars ($200.00), or both.

HISTORY: (Laws 1989, ch. 202, § 2.)

NOTES: Law reviews.

For article, “Recreational Injuries and Inherent Risks: Wyoming’s Recreation Safety Act: An Update,” see XXXIII Land & Water L. Rev. 249 (1998).

Am. Jur. 2d, ALR and C.J.S. references.

Products liability: skiing equipment, 76 ALR4th 256.

Skier’s liability for injuries to or death of another person, 75 ALR5th 583.

   HIERARCHY NOTES:

   Tit. 6 Note

   Tit. 6, Ch. 9 Note

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Summer 2013 Commercial Fatalities 8/26/13

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of August 14, 2013. Thanks.

Rafting, Mountaineering and other summer sports are probably still safer than your kitchen or bathroom. This information is not to scare you away from any activity but to help you understand the risks and to study.

Red is a probable death due to medical issues.

Dark blue is a death of an employee while working.

Date Activity State Location What Age Sex Home Ref
5/27 Whitewater Rafting AK

Kenai Peninsula’s Six Mile Creek, Zig Zag Rapid

washed out of a boat filled with clients and a guide as they entered rapid

47 M Cambridge, UK

http://rec-law.us/12iqD0n

6/8 Whitewater Rafting TN Chattooga River boat flipped 58 M Nashville, TN

http://rec-law.us/11GgUSN & http://rec-law.us/14qmZ7N

6/20 Mountaineering WY Lower Saddle of the Grand Teton slipped on snowfield and slid 55 M Colorado Springs, CO

http://rec-law.us/11wr9wp

7/3 Summer Camp CA Camp Tawonga Tree fell 21 F Santa Cruz, CA http://rec-law.us/16RpK3K & http://rec-law.us/124h7TI
7/6 Whitewater Rafting PA Youghiogheny River, Ohiopyle State Park Foot entanglement with rope 22 M Lancaster, PA http://rec-law.us/12dNcIz & http://rec-law.us/1btCuRC
7/9 Summer Camp UT Mt. Dell Scout Ranch, UT Run over by flat bed truck 14 M Cedar Hills, UT http://rec-law.us/159p1tz
8/14 Whitewater Rafting WV New River, WV washed out of boat into “meat grinder” area 16 M Germany http://rec-law.us/1dfgQl8
8/24 Whitewater Rafting TN Ocoee River, TN fell out in Grumpy’s rapid 52 F Rex, GA http://rec-law.us/17fRPnc & http://rec-law.us/1dJZYTU
8/25 Whitewater Rafting TN Ocoee River, TN fell out in Grumpy’s rapid 36 F Smyrna, TN http://rec-law.us/17fRPnc & http://rec-law.us/12FJFmh

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.

Overall it has been a low fatality year! 

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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