Relating to civil liability actions against motocross facilities

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 a 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 a reasonably 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.