HB527INTRODUCED
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HB527
WQNTE95-1
By Representatives Holk-Jones, Faulkner, Baker, Lee, Givens,
Ross, Fidler, Brown
RFD: Judiciary
First Read: 03-Apr-25
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6 WQNTE95-1 07/29/2024 THR (L)ma 2024-2014
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First Read: 03-Apr-25
SYNOPSIS:
This bill would create limits to the liability
of a person that operates an off-roading park for
claims arising from the inherent risks of participating
in off-roading.
This bill would also require an entity that
operates an off-roading park to post specific signage
to take advantage of the liability limitation.
A BILL
TO BE ENTITLED
AN ACT
Relating to liability; to limit the liability of
certain entities operating off-roading parks.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) OFF-ROAD VEHICLE. The term as defined in Section
32-12A-1, Code of Alabama 1975.
(2) OFF-ROADING. Riding or driving in an off-road
vehicle.
(3) OPERATOR. An individual or entity that owns or
operates a park.
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operates a park.
(4) PARK. A location open to the public for the
purposes of off-roading.
(5) PARTICIPANT. Any individual, whether amateur or
professional, who engages in off-roading at a park, whether or
not a fee is paid to participate in the off-roading.
(b) Except as provided in subsection (c), an operator
shall not be liable for an injury to or the death of a
participant resulting from the inherent risks of off-roading
and, except as provided in subsection (c), no participant or
representative of a participant shall make any claim against,
maintain an action against, or recover from an operator for
injury, loss, damage, or death of the participant resulting
from any of the inherent risks of off-roading.
(c) Nothing in this section shall prevent or limit the
liability of an operator if the operator did any of the
following:
(1) Provided the off-road vehicle and knew or should
have known that the off-road vehicle was faulty, and the fault
in the off-road vehicle caused the injury.
(2) Provided the off-road vehicle and failed to make
reasonable and prudent efforts to determine the ability of the
participant to engage safely in the off-roading and to safely
manage the particular off-road vehicle based on the
participant's representations of his or her ability.
(3) Owned, leased, rented, or otherwise was in lawful
possession and control of the land or facilities upon which
the participant sustained injuries that were proximately
caused by a dangerous latent condition which was known or
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caused by a dangerous latent condition which was known or
should have been known to the operator and for which warning
signs have not been conspicuously posted.
(4) Commits an act or omission that constitutes willful
or wanton disregard for the safety of the participant, and
that act or omission caused the injury.
(5) Intentionally injures the participant.
(d) Nothing in this section shall prevent or limit the
liability of an operator under Article 28 of Chapter 5 of
Title 6, Code of Alabama 1975.
(e) Every operator shall post and maintain signs that
contain the warning notice specified in subsection (f). Signs
shall be placed in a clearly visible location on or near areas
where the operator allows off-roading. The warning notice
shall appear on the sign in black letters, with each letter to
be a minimum of one inch in height. Every written contract
entered into by an operator for off-roading, whether or not
the contract involves off-roading on or off the location or
site of the operator's business, shall contain in clearly
readable print the warning notice specified in subsection (f).
(f) The signs and contracts described in subsection (e)
shall contain the following warning notice:
"WARNING
Under Alabama law, an operator is not liable for an
injury to or the death of a participant in off-roading
resulting from the inherent risks of off-roading, pursuant to
state law."
(g) Failure to comply with the requirements in
subsections (e) and (f) shall prevent an operator from
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subsections (e) and (f) shall prevent an operator from
invoking the privileges of immunity provided by this section.
Section 2. This act shall become effective on October
1, 2025.
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