Bill Description: Senate Bill 1051 would clarify the liability of outfitters and guides.
Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
Senate Bill 1051 would amend Section 6-1206, Idaho Code, dealing with the liability of licensed outfitters and guides. It would clarify that a licensed outfitter or guide is not liable for a client's damages or injury unless the client is "directly or proximately caused by caused by the negligent, reckless, or intentional conduct of the outfitter or guide."
It would further clarify that "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."
Finally, the bill says, "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."
Clarifying appropriate limitations on liability helps to remove barriers to entry into the market.
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