Several years ago I was whitewater rafting on the Gauley River with a friend.
We embarked in a six-person raft facing heavy and tumultuous water flow. Within an hour into the trip down the steep, narrow, and boulder lined river passages, we suddenly beached onto an outcropped boulder. My friend and I fell out of the raft as it was pointing upward at a 65-degree angle. Water was rushing all around us and we both became trapped under the raft as it slid over top of us. I pushed up on the bottom of the raft for air, to no avail. Suddenly, I was jettisoned underwater and downstream. My friend and I popped up 50 yards downstream shocked and gasping for air. The looks on our faces said it all — this would be out last rafting trip.
In 2019, I spent a day blissfully skiing at Snowshoe. It was a beautiful and sunny January day with plenty of fresh snow. As I was headed to the last lift on my way out, and in an effort to avoid a collision with another skier, I wound up flying over a small cliff toward a large wooden post. My shoulder slammed into the post and I shattered my right scapula (shoulder blade) into several pieces. Another skier assisted me in getting back on my feet. Luckily, no surgery was required. After several sessions of soaking in hot Sulphur baths at The Greenbrier, acupuncture and progressive physical therapy, I made a full recovery.
Both of these events bring to mind West Virginia’s Whitewater Responsibility Act (W.Va. Code § 20-3B-1, et seq.) and the Skiing Responsibility Act (W.Va. Code § 20-3A-1, et seq.).
These two sets of laws were put into place to codify certain duties and responsibilities of rafting and skiing enthusiasts and business owners/operators. The state legislature specifically recognized the importance of these two outdoor activities as significantly contributing to our economy and to limit liability and lawsuits to certain well-defined situations.
Under both Acts, it is expressed that both sports have inherent risks and that it is essentially impossible to eliminate all such risks for participants. Participants in these activities “assume the risk” of being injured. Anyone who has been whitewater rafting or skiing can certainly attest to that notion.
However, operators are required to follow various safety protocols to ensure a modicum of safety. This includes having the proper safety equipment available and clearly defining such areas as open or closed ski trails. Further, the Acts lay out what is expected of rafters and skiers to include to not rafting or skiing while intoxicated, heeding all posted warnings and skiing within the limits of their ability. For more information, consult the aforementioned code sections. By the way, I enjoyed another wonderful day of skiing at Snowshoe this past Saturday but I doubt I will ever go whitewater rafting again.
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