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IA HF632

IA HF632
A bill for an act relating to civil liability actions against motocross facilities.(See HF 917.)


summary

Introduced
02/28/2025
In Committee
02/28/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to civil liability actions against motocross facilities. The bill provides definitions. The bill provides that a motocross facility shall not be liable for any injury to or the death of a participant resulting from the inherent risks of motocross activities and no participant or a participant’s representative shall make any claim against, maintain any action against, or recover from a facility for injury, loss, damage, or death of the participant resulting from any motocross activities which injury, loss, damage, or death occurred at a motocross facility. The bill provides the following exceptions that impose liability upon a motocross facility that does any of the following: (1) intentionally injures the participant, (2) commits an act or omission that constitutes negligence for the safety of a participant in a motocross activity and that negligence is the proximate cause of the injury or death of a participant, (3) provides unsafe equipment to a participant and knew or should have known that use of the furnished equipment was unsafe, or (4) fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances. The bill requires that every facility shall post and maintain signs in a clearly visible location on or near areas where the facility operator conducts motocross activities which show a warning notice. The bill does not limit or modify any claim or defense existing under statute or common law and does not affect any claim occurring prior to the effective date of the bill.

AI Summary

This bill establishes legal protections for motocross facilities by defining their liability in accidents and injuries. The bill provides comprehensive definitions for key terms like "motocross facility," "participant," and "inherent risks of motocross activities," which include potential dangers such as operator error, weather-related conditions, animal attacks, and remote location medical limitations. Generally, the bill shields motocross facilities from legal liability for injuries or deaths resulting from inherent risks of motocross activities, meaning participants cannot sue facility operators for such incidents. However, the bill creates specific exceptions where facilities can be held liable, including intentionally injuring a participant, demonstrating negligence that directly causes injury or death, providing knowingly unsafe equipment, or failing to exercise reasonable care. The bill mandates that facilities post clearly visible warning signs explaining their legal immunity, with specific requirements for sign design and lettering. Importantly, the bill does not apply to employer-employee relationships and does not eliminate existing legal claims or defenses, nor does it affect claims that occurred before the bill's effective date. The legislation aims to provide clarity and legal protection for motocross facility operators while still maintaining basic safety standards.

Committee Categories

Transportation and Infrastructure

Sponsors (2)

Last Action

Committee report approving bill, renumbered as HF 917. (on 03/11/2025)

bill text


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