West Virginia Code 21-15-5 – Liability of zipline operators
Current as of: 2023 | Check for updates
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(a) A zipline operator shall be liable for injury, loss or damage caused by failure to follow the duties and standard of care set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered.
Terms Used In West Virginia Code 21-15-5
- Employee: means an officer, agent, employee, servant, or volunteer, whether compensated or not, whether full time or not, who is authorized to act and is acting within the scope of his or her employment or duties with the zipline operator. See West Virginia Code 21-15-2
- Operator: means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any zipline or canopy tour. See West Virginia Code 21-15-2
- Person: means one or more individuals. See West Virginia Code 21-3A-2
- Zipline: means a commercial recreational activity where participants, by the use of a permanent cable or rope line suspended between support structures, enables a participant attached to a pulley to traverse from one point to another, for the purpose of giving the participants amusement, pleasure, thrills or excitement. See West Virginia Code 21-15-2
(b) A zipline operator is not liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of the operator.