Recreational liability limits signed into law

Montana on Tuesday became the 48th state to legally recognize pre-activity liability waivers and release forms for outdoor recreation when Gov. Bullock signed House Bill 204 into law.

When he introduced the bill, sponsor Rep. Greg Hertz, R-Polson, said it would not shield recreation providers from lawsuits arising from gross negligence, but rather affirm that there are ordinary risks associated with outdoor activities.

The law explicitly allows pre-activity waivers for injuries resulting from “ordinary negligence or for risks that are inherent in the sport or recreational opportunity.” 

Until now, a state Supreme Court ruling has prevented such documents from being used in court to limit a provider’s liability.

Included is a wide range of activities, from traditional sports to horseback riding, fishing, skiing, snowboarding, mountain climbing and whitewater rafting.

Although trial lawyers opposed the measure, it won praise from a range of business groups including ski resorts, outfitters, the hospitality industry and the state chamber of commerce.  

Recreation providers hope it will also bring down insurance rates, which they said has been a significant barrier to entry to their industry in Montana.