Bill > SB635

This bill, titled the "Creating Mountain Bike Responsibility Act," aims to clarify the responsibilities and assumed risks for both mountain bike operators and riders in West Virginia, recognizing the sport's economic benefits and inherent dangers. It defines key terms such as "trail system operator" (a commercial entity responsible for mountain biking activities and aerial passenger tramways, excluding public or non-profit entities) and "mountain bicyclist" (anyone engaging in activities like downhill or uphill biking, or jumping, within a trail system area, excluding those using aerial tramways). The bill outlines duties for trail system operators, including maintaining trail boards with maps, conspicuously marking trails by difficulty, following industry standards, establishing emergency plans, and posting a warning about the assumption of risks by bicyclists. It also specifies that operators are generally not liable for injuries caused by natural trail conditions or the actions of other riders, but can be liable for failing to meet their outlined duties. Conversely, mountain bicyclists are explicitly recognized as assuming the risks associated with the sport, including various trail conditions and features, and are responsible for knowing their own abilities, controlling their speed, heeding warnings, and riding only on designated trails. The bill also addresses the duties of passengers using aerial passenger tramways and establishes that competitors assume risks visible through a reasonable inspection of the competition area, with operators not liable for injuries from such visible conditions or collisions with other competitors. Finally, it allows parents or guardians to sign releases on behalf of minor participants, provided they are informed of the associated risks.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=635&year=2026&sessiontype=RS&btype=bill