(a) A participant in an outdoor recreation activity shall be presumed to have:(1) Known the inherent risks of the outdoor recreation activity in which he or she participates;(2) Fully appreciated the nature and extent of the inherent risks of the outdoor recreation activity; and(3) Voluntarily exposed himself or herself to the inherent risks of the outdoor recreation activity, even if a particular risk was not specifically presented or stated to the participant by the outdoor recreation operator.
(1) Known the inherent risks of the outdoor recreation activity in which he or she participates;
(2) Fully appreciated the nature and extent of the inherent risks of the outdoor recreation activity; and
(3) Voluntarily exposed himself or herself to the inherent risks of the outdoor recreation activity, even if a particular risk was not specifically presented or stated to the participant by the outdoor recreation operator.
(b) A passenger who uses a recreational tramway shall be presumed to have:(1) Known the risks of an outdoor recreation activity that are applicable to the use of a recreational tramway;(2) Fully appreciated the nature and extent of the risks applicable to the use of a recreational tramway; and(3) Voluntarily exposed himself or herself to the risks applicable to the use of a recreational tramway, even if a particular risk was not specifically presented or stated to the individual by the tramway operator.
(1) Known the risks of an outdoor recreation activity that are applicable to the use of a recreational tramway;
(2) Fully appreciated the nature and extent of the risks applicable to the use of a recreational tramway; and
(3) Voluntarily exposed himself or herself to the risks applicable to the use of a recreational tramway, even if a particular risk was not specifically presented or stated to the individual by the tramway operator.
(c) A presumption under subsections (a) and (b) of this section may be rebutted by the participant or passenger by proving that the participant or passenger did not:(1) Know the particular inherent risk of the outdoor recreation activity that proximately caused the injury or death or damage to property at issue;(2) Fully appreciate the nature and extent of the risk; or(3) Voluntarily expose himself or herself to the risk.
(1) Know the particular inherent risk of the outdoor recreation activity that proximately caused the injury or death or damage to property at issue;
(2) Fully appreciate the nature and extent of the risk; or
(3) Voluntarily expose himself or herself to the risk.
(d) An outdoor recreation operator or tramway operator's negligence is not an inherent risk of an outdoor recreation activity, and a participant or passenger is not presumed to have accepted the risk of the negligence of the outdoor recreation operator or tramway operator and the injuries proximately caused from the negligence.