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Tourist, a resident of State A, was injured during a guided mountain-bike tour in State B. Guide Co. is incorporated and headquartered in State A, advertised the tour to State A residents, and required customers to sign releases in State A. The tour took place entirely in State B. State B has a statute requiring commercial tour companies operating on State B trails to provide helmets and conduct a safety briefing. Guide Co. provided neither. State A has no such safety statute.
State A has a recreational-activity damages cap limiting noneconomic damages against State A outdoor companies. Its purpose is to keep insurance affordable for local recreation businesses. State B has no damages cap and has a policy of deterring unsafe conduct on State B trails. Tourist sues Guide Co. in State A court.
Discuss whether the court could apply different states' laws to the safety-duty issue and the damages-cap issue. Address conduct-regulating rules, loss-allocating rules, state interests, and depecage.