A. Except as provided in subsection B, a project professional is not liablefor injury to or death of a participant resulting from the inherent risks ofproject activities, so long as the warning contained in § 55-376.4 is postedas required. Except as provided in subsection B, no participant orparticipant's representative may maintain an action against or recover from aproject professional for injury, loss, damage, or death of the participantresulting exclusively from any of the inherent risks of project activities;provided that in any action for damages against a project professional for aproject activity, the project professional shall plead the affirmativedefense of assumption of the risk of project activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of a projectprofessional if the project professional does any one or more of thefollowing:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or in the facilities or equipment used in the projectactivity, or the dangerous propensity of a particular animal used in suchactivity and does not make the danger known to the participant, and thedanger proximately causes injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to a projectprofessional is in addition to any other limitations of legal liabilityotherwise provided by law.
A. Except as provided in subsection B, a project professional is not liablefor injury to or death of a participant resulting from the inherent risks ofproject activities, so long as the warning contained in § 55-376.4 is postedas required. Except as provided in subsection B, no participant orparticipant's representative may maintain an action against or recover from aproject professional for injury, loss, damage, or death of the participantresulting exclusively from any of the inherent risks of project activities;provided that in any action for damages against a project professional for aproject activity, the project professional shall plead the affirmativedefense of assumption of the risk of project activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of a projectprofessional if the project professional does any one or more of thefollowing:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or in the facilities or equipment used in the projectactivity, or the dangerous propensity of a particular animal used in suchactivity and does not make the danger known to the participant, and thedanger proximately causes injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to a projectprofessional is in addition to any other limitations of legal liabilityotherwise provided by law.
A. Except as provided in subsection B, a project professional is not liablefor injury to or death of a participant resulting from the inherent risks ofproject activities, so long as the warning contained in § 55-376.4 is postedas required. Except as provided in subsection B, no participant orparticipant's representative may maintain an action against or recover from aproject professional for injury, loss, damage, or death of the participantresulting exclusively from any of the inherent risks of project activities;provided that in any action for damages against a project professional for aproject activity, the project professional shall plead the affirmativedefense of assumption of the risk of project activity by the participant.
B. Nothing in subsection A shall prevent or limit the liability of a projectprofessional if the project professional does any one or more of thefollowing:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or in the facilities or equipment used in the projectactivity, or the dangerous propensity of a particular animal used in suchactivity and does not make the danger known to the participant, and thedanger proximately causes injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to a projectprofessional is in addition to any other limitations of legal liabilityotherwise provided by law.
