Alabama 2025 Regular Session

Alabama House Bill HB527 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB527INTRODUCED
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3	3	HB527
4	4	WQNTE95-1
5	5	By Representatives Holk-Jones, Faulkner, Baker, Lee, Givens,
6	6	Ross, Fidler, Brown
7	7	RFD: Judiciary
8	8	First Read: 03-Apr-25
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14	14	6 WQNTE95-1 07/29/2024 THR (L)ma 2024-2014
15	15	Page 1
16	16	First Read: 03-Apr-25
17	17	SYNOPSIS:
18	18	This bill would create limits to the liability
19	19	of a person that operates an off-roading park for
20	20	claims arising from the inherent risks of participating
21	21	in off-roading.
22	22	This bill would also require an entity that
23	23	operates an off-roading park to post specific signage
24	24	to take advantage of the liability limitation.
25	25	A BILL
26	26	TO BE ENTITLED
27	27	AN ACT
28	28	Relating to liability; to limit the liability of
29	29	certain entities operating off-roading parks.
30	30	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	31	Section 1. (a) For the purposes of this section, the
32	32	following terms have the following meanings:
33	33	(1) OFF-ROAD VEHICLE. The term as defined in Section
34	34	32-12A-1, Code of Alabama 1975.
35	35	(2) OFF-ROADING. Riding or driving in an off-road
36	36	vehicle.
37	37	(3) OPERATOR. An individual or entity that owns or
38	38	operates a park.
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66	66	28 HB527 INTRODUCED
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68	68	operates a park.
69	69	(4) PARK. A location open to the public for the
70	70	purposes of off-roading.
71	71	(5) PARTICIPANT. Any individual, whether amateur or
72	72	professional, who engages in off-roading at a park, whether or
73	73	not a fee is paid to participate in the off-roading.
74	74	(b) Except as provided in subsection (c), an operator
75	75	shall not be liable for an injury to or the death of a
76	76	participant resulting from the inherent risks of off-roading
77	77	and, except as provided in subsection (c), no participant or
78	78	representative of a participant shall make any claim against,
79	79	maintain an action against, or recover from an operator for
80	80	injury, loss, damage, or death of the participant resulting
81	81	from any of the inherent risks of off-roading.
82	82	(c) Nothing in this section shall prevent or limit the
83	83	liability of an operator if the operator did any of the
84	84	following:
85	85	(1) Provided the off-road vehicle and knew or should
86	86	have known that the off-road vehicle was faulty, and the fault
87	87	in the off-road vehicle caused the injury.
88	88	(2) Provided the off-road vehicle and failed to make
89	89	reasonable and prudent efforts to determine the ability of the
90	90	participant to engage safely in the off-roading and to safely
91	91	manage the particular off-road vehicle based on the
92	92	participant's representations of his or her ability.
93	93	(3) Owned, leased, rented, or otherwise was in lawful
94	94	possession and control of the land or facilities upon which
95	95	the participant sustained injuries that were proximately
96	96	caused by a dangerous latent condition which was known or
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126	126	caused by a dangerous latent condition which was known or
127	127	should have been known to the operator and for which warning
128	128	signs have not been conspicuously posted.
129	129	(4) Commits an act or omission that constitutes willful
130	130	or wanton disregard for the safety of the participant, and
131	131	that act or omission caused the injury.
132	132	(5) Intentionally injures the participant.
133	133	(d) Nothing in this section shall prevent or limit the
134	134	liability of an operator under Article 28 of Chapter 5 of
135	135	Title 6, Code of Alabama 1975.
136	136	(e) Every operator shall post and maintain signs that
137	137	contain the warning notice specified in subsection (f). Signs
138	138	shall be placed in a clearly visible location on or near areas
139	139	where the operator allows off-roading. The warning notice
140	140	shall appear on the sign in black letters, with each letter to
141	141	be a minimum of one inch in height. Every written contract
142	142	entered into by an operator for off-roading, whether or not
143	143	the contract involves off-roading on or off the location or
144	144	site of the operator's business, shall contain in clearly
145	145	readable print the warning notice specified in subsection (f).
146	146	(f) The signs and contracts described in subsection (e)
147	147	shall contain the following warning notice:
148	148	"WARNING
149	149	Under Alabama law, an operator is not liable for an
150	150	injury to or the death of a participant in off-roading
151	151	resulting from the inherent risks of off-roading, pursuant to
152	152	state law."
153	153	(g) Failure to comply with the requirements in
154	154	subsections (e) and (f) shall prevent an operator from
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184	184	subsections (e) and (f) shall prevent an operator from
185	185	invoking the privileges of immunity provided by this section.
186	186	Section 2. This act shall become effective on October
187	187	1, 2025.
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