6-2702. LIMITATION OF LIABILITY ON SPORT SHOOTING ACTIVITIES. (1) Except as provided in subsection (2) or (3) of this section, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor shall not be liable for any injury, including an injury causing death, to a participant engaged in sport shooting activities and, except as provided in subsection (2) or (3) of this section, no participant or participant’s representative, may maintain an action against, or recover from, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor for an injury to, or the death of, a participant engaged in sport shooting activities.
(2) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting range instructor:
(a) If the sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor:
(i) Commits an act or omission that constitutes gross negligence or willful and wanton disregard for the safety of the participant and that act or omission caused the injury;
(ii) Intentionally injures the participant;
(iii) Fails to exercise ordinary care in the sport shooting range operator’s, sport shooting sponsor’s, sport shooting official’s or sport shooting instructor’s own use of a firearm, airgun or archery equipment; or
(iv) Provides firearms, airguns or archery equipment to a participant and fails to exercise ordinary care to determine that the provided firearms, airguns or archery equipment are in a safe operating condition.
(b) Under liability provisions as set forth in the products liability laws;
(c) Under the liability provisions set forth in chapter 9, title 6, Idaho Code; or
(d) Under the provisions of the Idaho worker’s compensation law, section 72-101, Idaho Code, et seq.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator if a participant sustains an injury because of a dangerous latent condition which was known or should have been known to the sport shooting range operator and for which warning signs had not been conspicuously posted.
(4) Nothing in this section shall be construed to enlarge or otherwise adversely affect the liability of any party. This section shall not be construed to impair any defense and any other immunity or bar to a civil lawsuit shall remain in effect.
History:
[6-2702, added 2009, ch. 195, sec. 1, p. 629.]
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