Stricken language would be deleted from and underlined language would be added to present law.
Act 312 of the Regular Session
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State of Arkansas As Engrossed: S3/6/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1465 3
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By: Representative Gonzales 5
By: Senator M. McKee 6
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For An Act To Be Entitled 8
AN ACT CONCERNING DIRTBIKE USE ON PRIVATE PROPERTY; 9
TO ESTABLISH THE LIABILITY OF AN OWNER OF PRIVATE 10
PROPERTY; AND FOR OTHER PURPOSES. 11
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Subtitle 14
CONCERNING DIRTBIKE USE ON PRIVATE 15
PROPERTY; AND TO ESTABLISH THE LIABILITY 16
OF AN OWNER OF PRIVATE PROPERTY. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 27, Chapter 20, Subchapter 1, is 21
amended to add an additional section to read as follows: 22
27-20-121. Liability for dirtbike use on private property — 23
Definitions. 24
(a) As used in this section: 25
(1) "Dirtbike" means a motorcycle designed primarily for off -26
road use; 27
(2) “Inherent risk of dirtbike use” means the dangers or 28
conditions that are an integral part of dirtbike use on roads, trails, paths, 29
or other surfaces, including without limitation: 30
(A) Injury or death caused by: 31
(i) A change or variation in the surface that may 32
cause a participant to lose control, lose his or her balance, or crash the 33
dirtbike; or 34
(ii) A collision with a natural or man -made object; 35
(B) Operator error, including equipment failure due to 36 As Engrossed: S3/6/25 HB1465
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operator error; 1
(C) Attack or injury by an animal; and 2
(D) The aggravation of an injury, illness, or condition 3
because the injury, illness, or condition occurred in a remote place where 4
medical facilities are not available; 5
(3) “Motorcycle” means a motor vehicle having a seat or saddle 6
for use of the rider and designed to travel on no more than three (3) wheels 7
in contact with the ground; 8
(4) “Owner of private property” means an individual, group, 9
club, partnership, corporation, or business entity, whether or not operating 10
for profit, or an employee or organized agent, that sponsors, organizes, 11
rents, or provides to a participant the use of private property for dirtbike 12
use; and 13
(5) “Participant” means an individual who rents, leases, or uses 14
a dirtbike on private property whether or not a fee is paid. 15
(b)(1)(A) A participant assumes the inherent risk of dirtbike use by 16
engaging in dirtbike use on private property. 17
(B) A participant or his or her representative shall not 18
have a claim against, maintain an action against, or recover from an owner of 19
private property for loss, damage, or injury to, or the death of, the 20
participant resulting from the inherent risk of dirtbike use. 21
(2) An owner of private property is not liable for an injury to 22
or the death of a participant resulting from the inherent risk of dirtbike 23
use. 24
(c) This section does not: 25
(1) Apply to a relationship between an employer and employee 26
under the Workers' Compensation Law, § 11 -9-101 et seq.; or 27
(2) Prevent or limit the liability of an owner of private 28
property that: 29
(A) Intentionally injures a participant; 30
(B) Commits an act or omission of gross negligence 31
concerning the safety of a participant that proximately causes injury to or 32
the death of the participant; 33
(C) Provides an unsafe dirtbike to a participant and knew 34
or should have known that the dirtbike was unsafe to the extent that it could 35
cause an injury; 36 As Engrossed: S3/6/25 HB1465
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(D) Fails to use the degree of care that an ordinarily 1
careful and prudent person would use under the same or similar circumstances; 2
or 3
(E) Commits other acts, errors, or omissions that 4
constitute willful or wanton misconduct, gross negligence, or criminal 5
conduct that proximately causes injury, damage, or death. 6
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/s/Gonzales 8
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APPROVED: 3/18/25 11
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