SB 1051 passed the Senate with a 32-2 vote and the bill is currently working its way through the House with a possible third reading coming up this week.
The bill would amend legislation to give outfitters and guides some protections from liability unless their conduct is negligent or reckless. The bill clarifies that inherent risk comes with outdoor activities and it would also make written liability waivers enforceable.
"It’s a straightforward bill that puts outfitters and guides on an even playing field with other industries in the state," said Aaron Lieberman, the Executive Director of the Outfitters and Guides Association. "That should help attenuate the increases in the insurance that we are seeing that are driving outfitters and guides out of business."
The protection from a waiver is at the heart of this debate. Ski resorts require people to sign a waiver when they get their pass making the resort exempt from liability if a skier or snowboarder falls or hurts themselves while coming down the mountain. Waivers don't exist for Idaho outfitters and guides.
"They are in every other industry in the state, from Wahooz to ski areas to corn mazes," said Lieberman.
The Idaho Trial Lawyers Association opposes the bill and Sen. James Ruchti from Pocatello is one of the two Senators that voted against SB 1051.
Ruchti thinks outdoor activities like rafting, hunting and horseback riding differ from skiing in the sense that people rely on guides to keep them safe in an environment where they have little to no experience.
"The biggest change allows these outfitters and guides to have consumers sign a waiver if they want to go on an adventure, that waives all negligence," said Ruchti. "And that could include gross negligence, which means really extreme deviations from normal behavior. That is my biggest concern."
Lieberman disagrees when it comes to the term "gross negligence", saying the outfitters and guides are looking for protection against things they can't control in a dynamic environment, to lower insurance premiums and protect this one billion dollar industry, especially the mom and pop guide services.
"If you go on a trail ride and they don't get the cinch tight enough and the saddle falls off, that is negligence, that's recklessness," said Lieberman. "We aren't asking for things in this bill that other industries don't already have."
The waivers bring another concern for Sen. Ruchti, who believes waivers could change the way outfitters operate leading to a lapse in training or scenarios where guides continue on an adventure with unsafe conditions because they have more protections from the waiver.
“When you take advantage of their services you are going with them because you want a guide to take you and your kids through an unfamiliar environment and perhaps even a dangerous environment," said Ruchti. "But you want to do it safely, so you pay this guide. I just don’t think guides should waive that responsibility and they certainly shouldn’t waive gross negligence."
Lieberman told us outfitters and guides would not take risks because a bad incident or miserable experience would ruin their reputation and, in turn, hurt their business. Lieberman says the guides aren't asking to waive gross negligence.
"We are asking for a basic level of protection that will stem the tide of liability claims and liability insurance premiums so that outfitters and guides in Idaho can continue providing recreational experiences for the public while contributing to local economies," said Lieberman.
SB 1051 was sponsored by Sen. Todd Lakey and it aims to amend the Outfitters and Guides Act.
