537.327. Paddlesport activities--definitions--immunity from liability, when--exemptions--posting of signs required, content. - Missouri Statutes

Paddlesport activities--definitions--immunity from liability,when--exemptions--posting of signs required, content.

537.327. 1. As used in this section, unless the context providesotherwise, the following terms shall mean:

(1) "Canoe", a watercraft which has an open top and is designed to holdone or more participants;

(2) "Canoeing, rafting, kayaking, or tubing", riding in or on, trainingin or on, using, paddling, or being a passenger in or on a canoe, kayak, raft,or tube, including a person assisting a participant;

(3) "Equipment", any accessory to a watercraft which is used forpropulsion, safety, comfort, or convenience including, but not limited to,paddles, oars, and personal floatation devices;

(4) "Inherent risks of paddlesport activities", those dangers, hazards,or conditions which are an integral part of paddlesport activities inMissouri's free-flowing streams or rivers, including, but not limited to:

(a) Risks typically associated with watercraft, including change inwater flow or current, submerged, semi-submerged, and overhanging objects,capsizing, swamping, or sinking of watercraft and resultant injury,hypothermia, or drowning;

(b) Cold weather or heat-related injuries and illnesses, includinghypothermia, frostbite, heat exhaustion, heat stroke, and dehydration;

(c) An "act of nature" which may include rock fall, inclement weather,thunder and lightning, severe or varied temperature, weather conditions, andwinds including tornadoes;

(d) Equipment failure or operator error;

(e) Attack or bite by animals;

(f) The aggravation of injuries or illnesses because they occurred inremote places where there are no available medical facilities;

(5) "Kayak", a watercraft similar to a canoe with a covered top whichmay have more than one circular opening to hold participants, or designed topermit a participant to sit on top of an enclosed formed seat;

(6) "Outfitter", any individual, group, club, partnership, corporation,or business entity, whether or not operating for profit or not for profit, orany employee or agent, which sponsors, organizes, rents, or provides to thegeneral public the opportunity to use any watercraft by a participant onMissouri's free-flowing streams or rivers;

(7) "Paddlesport activity", canoeing, rafting, or kayaking in or on awatercraft as follows:

(a) A competition, exercise, or undertaking that involves a watercraft;

(b) Training or teaching activities;

(c) A ride, trip, tour, or other activity, however informal orimpromptu, whether or not a fee is paid, that is sponsored by an outfitter;

(d) A guided trip, tour, or other activity, whether or not a fee ispaid, that is sponsored by an outfitter;

(8) "Participant", any person, whether amateur or professional, whetheror not a fee is paid, which rents, leases, or uses watercraft or is apassenger on a rented, leased, or used watercraft participating in apaddlesport activity;

(9) "Personal floatation device", a life jacket, floatable cushion, orother device approved by the United States Coast Guard;

(10) "Raft", an inflatable watercraft which has an open top and isdesigned to hold one or more participants;

(11) "Tube", an inflatable tire inner tube or similar inflatablewatercraft which has an open top capable of holding one or more participants;

(12) "Watercraft", any canoe, kayak, raft, or tube propelled by the useof paddles, oars, hands, poles, or other nonmechanical, nonmotorized means ofpropulsion.

2. Except as provided in subsection 4 of this section, an outfittershall not be liable for any injury to or the death of a participant resultingfrom the inherent risks of paddlesport activities and, except as provided insubsection 4 of this section, no participant or a participant's representativeshall make any claim against, maintain any action against, or recover from anoutfitter for injury, loss, damage, or death of the participant resulting fromany of the inherent risks of paddlesport activities.

3. This section shall not apply to any employer-employee relationshipgoverned by the provisions of chapter 287, RSMo.

4. The provisions of subsection 2 of this section shall not prevent orlimit the liability of an outfitter that:

(1) Intentionally injures the participant;

(2) Commits an act or omission that constitutes negligence for thesafety of a participant in a paddlesport activity and that negligence is theproximate cause of the injury or death of a participant;

(3) Provides unsafe equipment or watercraft to a participant and knew orshould have known that the equipment or watercraft was unsafe to the extentthat it did cause the injury;

(4) Fails to provide a participant a United States Coast Guard-approvedpersonal floatation device; or

(5) Fails to use that degree of care that an ordinarily careful andprudent person would use under the same or similar circumstances.

5. Every outfitter shall post and maintain signs which contain thewarning notice specified in this subsection. Such signs shall be placed in aclearly visible location on or near areas where the outfitter conductspaddlesport activities. The warning notice specified in this subsection shallappear on the sign in black letters on a white background with each letter tobe a minimum of one inch in height. Every written contract entered into by anoutfitter for the providing of watercraft to a participant shall contain thewarning notice specified in this subsection. The signs and contractsdescribed in this subsection shall contain the following warning notice:

"WARNING Under Missouri law, an outfitter is not liable for an injury to or the deathof a participant in paddlesport activities resulting from the inherent risksof paddlesport activities pursuant to the Revised Statutes of Missouri.".

6. This section shall not be construed to limit or modify any defense orimmunity already existing in statute or common law or to affect any claimoccurring prior to August 28, 2005.

(L. 2005 S.B. 346)