When Liability of Whitewater Professional Imposed

  1. Law
  2. Tennessee Code
  3. Wildlife Resources
  4. Liability for Activities
  5. Whitewater Rafting Professionals
  6. When Liability of Whitewater Professional Imposed

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Nothing in §70-7-202 shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional:

  1. Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury;
  2. Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted;
  3. Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or
  4. Intentionally injures the participant.


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