(2) "Inherent risks of whitewater activities" means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to: (A) Water; (B) Rocks and obstructions; (C) Cold water and weather; and (D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability;
Inherent risk can be controlled to achieve a residual risk through controls. Section (D) of the inherent risks is within your control. You should have the ability and fitness to follow instructions and make an honest effort. The following video shows many different examples involving inherent risk including failure to follow instructions or acting with a participant's ability.
No one died or was seriously injured in this video footage. It is safe for all ages to watch!
Much of his video was shot at the Olympic Channel of the Upper Ocoee. The Olympic Channel was re-engineered by TVA for the 1996 Olympic Games whitewater slalom events. The river was constricted and redesigned for more safety as well as interesting river features for the games. Sieves and undercuts were removed or filled with concrete. Other sections features are the wid and natural but class III features of the Middle Ocoee
You can reduce your risks by requesting a competent river guide. Equally important is honestly evaluating your and other members of your crew's mentally and physically ability to follow instructions and paddle effectively as a team. If something happens and you swim a big rapid it will be physically demanding. Those of lower fitness levels or those with known heart disease will be at increased risk during those increased physically demanding efforts. Inability to swim is a huge added risk and not recommended above class II or III.
Liability For Activities
Part 2 - Whitewater Rafting Professionals
As used in this part, unless the context otherwise requires:
(1) "Engages in whitewater activity" means whitewater rafting;
(2) "Inherent risks of whitewater activities" means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
(B) Rocks and obstructions;
(C) Cold water and weather; and
(D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability;
(3) "Participant" means any person who engages in a whitewater activity;
(4) "Whitewater" means rapidly moving water;
(5) "Whitewater activity" means navigation on rapidly moving water in a watercraft; and
(6) "Whitewater professional" means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity.
Except as provided in § 70-7-203:
(1) A whitewater professional shall not be liable for an injury to or the death of a participant resulting from the inherent risks of whitewater activities; and
(2) No participant or participant's representative shall make any claim against, maintain an action against, or recover from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities.
Nothing in § 70-7-202 shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional:
(1) Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury;
(2) Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted;
(3) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or
(4) Intentionally injures the participant.
I am Fast Fred Ruddock and I would be happy to give you honest answers to your questions about rafting or the Ocoee River. You may email me directly with your questions for concerns at email@example.com and if you would like to come rafting with me be sure to check out Fast Fred Rafts for the latest details.
I began rafting when I was young during the 1970 with my family. We had several of our own rafts between my parents, grand parents, aunts, and uncles. My family loved playing in the water; I grew up rafting, sailing, and surfing. As I grew older and technology improved I began to get serious about kayaking and creek boating as well. I became an ACA certified kayak instructor and have shared the sport with countless others over the years. Living along the banks of the Green River in North Carolina I have access to some of the best world class rapids to hone my skills.
During my long off-season from rafting I primarily travel solo through Latin America. Ecuador is likely my favorite country to visit but I also enjoy Peru, Guatemala, and Mexico. Working as a river guide in the southeast during summers in North America I don't earn a lot of money and live close to the federal poverty level. In spite of this I live a rich life on a frugal budget. If you would like to learn more about traveling in Latin America or maybe some frugal travel tips visit Fast Fred Travels.
Curious about how I can travel so light or what I use on the river? Want to know more about the gear I carry abroad on my extend trips in Latin America or while rafting and kayaking? Here's your chance to dig into my Amazon shop for an inside look. If you make purchases via this shop I will get a very small commission but it will not increase your price what so ever.