Purpose

The bill creates a new liability framework for motorized recreational activities. It aims to limit how injuries or deaths tied to inherent risks of these activities can be addressed in court, by shielding certain owners, managers, sponsors, and related entities from negligence claims. It also sets requirements for warning signage to help establish and communicate these protections.

Key Definitions

• Gocart: A four-wheeled motor vehicle with seating for up to two, an open or exposed frame, no enclosed cabin, and not originally built to meet certain federal safety standards.
• Inherent risk of motorized activities: Dangers that are an integral part of these activities, including terrain and environmental conditions, collisions, operator error, weather, and the possibility that medical help is delayed.
• Motorized recreational vehicle: Includes off-highway vehicles, snowmobiles, utility task vehicles, golf carts, go-karts, electric-assisted bicycles when the motor is active, motorcycles, motorized bicycles, and motorized foot scooters.
• Participant: Any person who rides, operates, helps maintain, or otherwise participates in a motorized recreational activity, even if they don’t pay a fee.

Main Provisions

• Limited liability for inherent risks:
  • A participant involved in activities like competition, education, instruction, or exhibitions using a motorized recreational vehicle cannot bring a negligence-based lawsuit or recover damages from the owner, manager, sponsor, or related entity of the activity for injuries or death related to the inherent risks defined in the bill.
  • This protection applies whether or not the participant pays to participate.
• Exceptions to liability protections:
  • The liability shield does not apply if injury or death was caused by gross negligence, willful or wanton misconduct, intentional harm, or criminal conduct.
  • It also does not apply if the injury resulted from the use of a motorized vehicle or safety equipment that was provided by someone other than the participant when that person knew the equipment was unreasonably dangerous.
• Warning displays (conditions for protections to apply):
  • Owners/managers/sponsors must post clearly visible warning signs at the activity site (trail heads, entrances, registration areas, etc.) indicating that motorized recreational activities are inherently dangerous and that participants assume the risk of injury or death.
  • Signs must be black letters on a contrasting background, large enough to be easily read.
  • If warning signs are not posted in substantial conformity, it does not automatically create liability, but courts may consider it when applying the protections.
  • This provision does not affect workers’ compensation or other defenses or immunities provided by law.

Significance / Changes to Existing Law

• Establishes a new liability framework specifically for motorized recreational activities by creating a defined “inherent risk” standard and a corresponding liability shield for owners/managers/sponsors.
• Expands the list of vehicles and activities covered by this framework (through the broad definition of motorized recreational vehicle, including go-karts, golf carts, electric bicycles, etc.).
• Introduces mandatory warning signage to support the liability protections and clarifies that failure to post signs does not automatically create liability but is a factor for courts.
• Clarifies that workers’ compensation and other legal defenses remain applicable and are not overridden by these protections.

Practical Implications

• Owners and organizers of motorized recreational activities may face fewer negligence-based liability claims related to inherent risks.
• Participants still retain rights for injuries caused by gross negligence, willful misconduct, intentional harm, or dangerous equipment supplied by others.
• Businesses and groups involved in such activities should implement visible warning signs and ensure participants understand the inherent risks.

Relevant Terms inherent risk motorized recreational vehicle gocart Go-cart off-highway vehicle OHV snowmobile utility task vehicle UTV golf cart electric-assisted bicycle motorcycle motorized bicycle motorized foot scooter participant owner manager sponsor warnings warning signs gross negligence willful misconduct intentional harm criminal conduct negligence inherent risks of motorized activities trail heads readability and visibility of signs workers’ compensation