commercial river outfitters; limited liability, the official text

House Engrossed

commercial river
outfitters; limited liability

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2279

AN
ACT

amending title 12, chapter 5, article 3,
Arizona Revised Statutes, by adding section 12-558.04; relating to limitations
of actions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 5, article 3,
Arizona Revised Statutes, is amended by adding section 12-558.04, to read:

START_STATUTE12-558.04. Limited liability; commercial river outfitters; exceptions;
definitions

A. A commercial river outfitter does
not have a duty to alter, eliminate, control or decrease the inherent risks of
participating in a river trip in Grand Canyon national park. The
inherent risks of a river trip may be contractually identified by the
commercial river outfitter and a participant in a river trip, and the identification of inherent risks shall be determinative and
binding. Commercial river outfitters are immune from claims for
injury or death that arise out of the inherent risks of a river trip but are
not immune from claims arising out of other circumstances,
except as provided in subsection B of this section.

B. Except as provided in subsection C
of this section, a person may voluntarily release a commercial river outfitter
from liability for an injury to or the death of a person resulting from
participation in a river trip in Grand Canyon national park.  A commercial
river outfitter is immune from claims arising out of ordinary negligence only
if the claims are contractually waived in a liability release.

C. Subsections A and B of this
section do not apply to a commercial river outfitter that is grossly negligent
or that commits wilful, wanton or intentional acts or omissions.

D. Subsection A of this section does
not apply to a commercial river outfitter if both of the following apply:

1. The commercial river outfitter
knows or should have known that a hazardous condition exists.

2. The commercial river outfitter
fails to disclose the hazardous condition to a participant.

E. For the purposes of this section:

1. "Commercial river
outfitter":

(a) Means an
entity that is allowed under federal law to provide river trips to the public
in Grand Canyon national park.

(b) Includes
employees of a commercial river outfitter who are acting in the course and
scope of their employment.

2. "River trip" means all
of the activities or occurrences, whether taking place on water or land, for
which the commercial river outfitter has agreed to provide outfitting or
guiding services. END_STATUTE