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Wyoming Statutes

Wyo. Stat. § 1-1-123 (2026)

Assumption of risk.

✓ current as of May 2026
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(a) Any person who takes part in any sport or recreational
opportunity assumes the inherent risks in that sport or
recreational opportunity, whether those risks are known or
unknown, and is legally responsible for any and all damage,
injury or death to himself or other persons or property that
results from the inherent risks in that sport or recreational
opportunity.

     (b) A provider of any sport or recreational opportunity is
not required to eliminate, alter or control the inherent risks
within the particular sport or recreational opportunity.

     (c) Actions based upon negligence of the provider wherein
the damage, injury or death is not the result of an inherent
risk of the sport or recreational opportunity shall be preserved
pursuant to W.S. 1-1-109.

     (d) The assumption of risk provisions in subsections (a)
through (c) of this section apply irrespective of the age of the
person assuming the risk.

     (e) This act shall not apply to skiing in a ski area as
defined by the Ski Safety Act.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1992–2021 · leading case: Roberts v. Jackson Hole Mountain Resort Corp., 884 F.3d 967 (10th Cir. 2018).
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Roberts v. Jackson Hole Mountain Resort Corp., 884 F.3d 967 (10th Cir. 2018). · cites it 5× “Wyo. Stat. Ann. § 1-1-123 (a). The Act further provides that "[a] provider of any sport or recreational opportunity is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity.”
Creel v. L & L, Inc., 287 P.3d 729 (Wyo. 2012). · cites it 8× “Does the "Recreation[] Safety Act," Wyoming Statute § 1-1-121 through § 1-1-123, shield a provider of a recreational opportunity from liability when the provider fails to provide a safe environment for that recreational opportunity? 2.”
Cooperman v. David, 214 F.3d 1162 (10th Cir. 2000). · cites it 3× “See Wyo. Stat. Ann. § 1-1-123 (a); see also Halpern v.”
Muller v. Jackson Hole Mountain Resort, 2006 WY 100 (Wyo. 2006). · cites it 3× “” Wyo. Stat. Ann. § 1-1-123 (a). The RSA defines inherent risks as “those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity.”
Halpern v. Wheeldon, 890 P.2d 562 (Wyo. 1995). · cites it 2× “2 Section 1-1-123 of the Act provides: (a) Any person who takes part in any sport or recreational opportuMty assumes the inherent risk of injury and all legal responsibility for damage, injury or death to himself or other persons or property that results from the inherent risks…”
Carden v. Kelly, 175 F. Supp. 2d 1318 (D. Wyo. 2001). · cites it 3× “§ 1-1-123. Defendants claim that it is an inherent risk of the sport of horseback riding that the horse may stumble and fall causing injury to- the rider.”
Dunbar v. Jackson Hole Mountain Resort Corp., 392 F.3d 1145 (10th Cir. 2004). · cites it 2× “Wyo. Stat. Ann. § 1-1-123 . In relevant part, the act provides: (a) Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for…”
Standish v. Jackson Hole Mountain Resort, 997 F.3d 1095 (10th Cir. 2021). · cites it 2× “Wyo. Stat. Ann. § 1-1-123 (a). And a recreational provider “is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity.”
Keller v. Merrick, 955 P.2d 876 (Wyo. 1998). · cites it 3× “Wyo. Stat. § 1-1-123 (1989). 1 The Act defines sport or recreational opportunity as *879 including equine activity and defines equine activity as: (iv) “Equine activity” means: ****** (E) Riding, inspecting or evaluating an equine belonging to another, whether or not the owner…”
Street v. Darwin Ranch, Inc., 75 F. Supp. 2d 1296 (D. Wyo. 1999). · cites it 2× “Wyo.Stat.Ann. § 1-1-123. Plaintiffs position is particularly puzzling because, despite the word “safety” in the title, the true public policy expressed by the Act is to benefit the recreation industry and Wyoming economy by eliminating provider liability for inherent recreation…”
Madsen v. Wyoming River Trips, Inc., 31 F. Supp. 2d 1321 (D. Wyo. 1999). · cites it 2× “Wyo.Stat.Ann. § 1-1-123 (Michie 1998). Inherent risk is defined as: *1326 (1) “Inherent risk” with regard to any sport or recreational opportunity means those conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity; Wyo.”
Walters v. Grand Teton Crest Outfitters, Inc., 804 F. Supp. 1442 (D. Wyo. 1992). · cites it 2× “” Wyo.Stat. § 1-1-123 (Cum.Supp.1992). The effective date of the statute is June 8, 1989, well before Mr.”
Show all 18 citing cases →
— Wyo. Stat. § 1-1-123(a) — 1 case
Creel v. L & L, Inc., 287 P.3d 729 (Wyo. 2012). “Does the "Recreation[] Safety Act," Wyoming Statute § 1-1-121 through § 1-1-123, shield a provider of a recreational opportunity from liability when the provider fails to provide a safe environment for that recreational opportunity? 2.”
— Wyo. Stat. § 1-1-123(b) — 1 case
Anthony v. Xanterra Parks & Resorts, Inc., 157 F. Supp. 3d 1184 (D. Wyo. 2015).
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