Ski resorts trying to limit their vulnerability to lawsuits have struck a deal that could leave skiers with more legal responsibility to avoid hazards on the slopes.

Another tourist draw in Western North Carolina, the whitewater rafting industry, also is looking for legal protection but could face a tougher fight.

Both sports have certain dangers, some legislators say, and participants should not be able to sue over injuries caused by hazards the companies can’t control.

"As long as they are doing everything in their power to work on their end to keep the sport safe, than we want to do all we can to make sure we don’t hinder them," said Rep. Phil Frye, a Spruce Pine Republican who backs legislation to help both industries.

Trial lawyers, a group with political heft in the legislature, object to what the industries would prefer state law to say: that skiing and whitewater rafting carry "inherent risk."

Horseback riding has such legal protection. So do skateboard parks, roller rinks and farms that draw agritourism, like those with apple-picking and petting zoos.

But lawyers foresee such language letting paddling companies off the hook "as long as the injury or death was because of the conditions that are characteristic of whitewater," said N.C. Advocates for Justice CEO Dick Taylor. "It’s hard for me to imagine what possible claim there could be against them."

Paddlers’ costs

Nantahala River Gorge paddling companies say a study made public last week proves how valuable they are to the Western North Carolina economy.

About 180,000 people floated down the river in a raft, canoe, kayak or inner tube in 2007, according to the study by Western Carolina University researchers on behalf of Smoky Mountain Host.

The study found the gorge’s tourism industry contributes more than $80 million to the economy of the seven far-western counties, producing nearly 1,000 jobs outside of paddling outfitters’ employees.

But the businesses say they face costs that threaten that economic boost. One company in the gorge, Endless River Adventures, has seen insurance premiums more than double since 2001 despite no lawsuits, owner Ken Kastorff said.

The bill would aim to protect them by, for example, ensuring instructors aren’t required to "eliminate, alter or control the inherent risks" of the sport.

"As well-trained as our guides and staff are," said Sutton Bacon, CEO of Nantahala Outdoor Center, "river environments are changing. They’re not amusement rides."

Other states like Alaska and Tennessee have such laws, Bacon said.

Taylor said the protections are too broad, but Bacon points out that the bill wouldn’t let companies escape responsibility in the case of negligence, such as failure to keep equipment maintained or workers trained.

The bill has not yet received a hearing and could miss a Thursday deadline to advance through the House to qualify for consideration in the Senate later this year or next year. But there are various ways for legislators to revive proposals after the deadline.

David Huskins, a lobbyist for the Nantahala Outdoor Center who is pushing for the bill, said it could still come up if it isn’t heard this week.

Ski deal

The lawyers’ group opposes the whitewater proposal, but it reached a compromise with the ski resorts after they agreed – for now – to drop their push for the state to recognize inherent risk.

Instead, the resorts will try to change the law to say that skiers are responsible for keeping a lookout for hazards like bare spots, rocks, trees and variations in terrain or snow conditions.

A House panel endorsed the deal last week, and another one is scheduled to take it up today.

The proposal, prompted by a Florida resident’s failed lawsuit against a Western North Carolina ski resort, is being shepherded through the House by Rep. Cullie Tarleton, a Blowing Rock Democrat, and is backed by Frye and Democratic Reps. Bruce Goforth, of Asheville, and Ray Rapp, of Mars Hill.

It would add requirements for ski operators, as well. They would have to inspect their trails twice daily and post information about conditions.

WNC resorts already do that, said their attorney, Wyatt Stevens, of Asheville. They also notify customers on lift tickets that they assume certain risks by venturing onto the slopes.

The bill would also modernize laws on skiing, updating them to include more recent innovations like snowboarding and freestyle terrain.

Resorts are no longer pushing to write the idea of inherent risk into the law, but Stevens said they "have not agreed to abandon forever the notion."