House File 917 - Introduced HOUSE FILE 917 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 632) A BILL FOR An Act relating to civil liability actions against motocross 1 facilities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2713HV (2) 91 cm/jh
H.F. 917 Section 1. NEW SECTION . 673B.1 Motocross facility 1 immunity. 2 1. As used in this section, unless the context otherwise 3 provides: 4 a. Facility operator means any individual, group, club, 5 partnership, corporation, or business entity, whether or not 6 operating for profit or not for profit, or any employee or 7 agent, which sponsors, organizes, rents, or provides to the 8 general public the opportunity to use a motocross vehicle by a 9 participant on a motocross facility. 10 b. Inherent risks of motocross activities means those 11 dangers, hazards, or conditions that are an integral part of 12 motocross activities, including all of the following: 13 (1) Operator error. 14 (2) Cold weather or heat-related injuries and illnesses, 15 including hypothermia, frostbite, heat exhaustion, heat stroke, 16 and dehydration. 17 (3) An act of nature which may include rock fall, inclement 18 weather, thunder and lightning, severe or varied temperature, 19 weather conditions, and winds including tornadoes. 20 (4) Attack or bite by animals. 21 (5) The aggravation of injuries or illnesses because they 22 occurred in remote places where there are no available medical 23 facilities. 24 c. Motocross activity means riding on, training in or on, 25 using, or being a passenger on a motocross vehicle as follows: 26 (1) A competition, exercise, or undertaking that involves a 27 motocross vehicle. 28 (2) Training or teaching activities regarding the operation 29 of a motocross vehicle at a motocross facility. 30 d. Motocross facility means an area created and maintained 31 for the operation of motocross vehicles on natural or man-made 32 terrain for recreation and for which a fee is charged for 33 access. 34 e. Motocross vehicle means a motorized two-wheel vehicle 35 -1- LSB 2713HV (2) 91 cm/jh 1/ 4
H.F. 917 being operated over terrain created and maintained for 1 recreational use by operators of a motocross facility. 2 f. Participant means a person, whether amateur or 3 professional, whether or not a fee is paid, which rents, 4 leases, or uses a motocross vehicle or is a passenger on a 5 rented, leased, or used motocross vehicle while participating 6 in a motocross activity. 7 2. Except as provided in subsection 4, a motocross facility 8 shall not be liable for any injury to or the death of a 9 participant resulting from the inherent risks of motocross 10 activities and, except as provided in subsection 4, a 11 participant or a participants representative shall not make 12 any claim against, maintain any action against, or recover 13 from a facility operator, owner, or its agents, servants, or 14 employees for injury, loss, damage, or death of the participant 15 resulting from any of the inherent risks of motocross 16 activities which injury, loss, damage, or death occurred at a 17 motocross facility. 18 3. This section shall not apply to any employer and employee 19 relationship governed by the provisions of chapter 87. 20 4. The provisions of subsection 2 shall not prevent or limit 21 the liability of a facility operator of a motocross facility 22 that does any of the following: 23 a. Intentionally injures the participant. 24 b. Commits an act or omission that constitutes negligence 25 for the safety of a participant in a motocross activity and 26 that negligence is a proximate cause of the injury or death of 27 a participant. 28 c. Provides unsafe equipment to a participant and knew 29 or should have known that use of the furnished equipment was 30 unsafe. 31 d. Fails to use that degree of care that a reasonably 32 prudent person would use under the same or similar 33 circumstances. 34 5. Every facility operator shall post and maintain signs 35 -2- LSB 2713HV (2) 91 cm/jh 2/ 4
H.F. 917 which contain the warning notice specified in this subsection. 1 Such signs shall be placed in a clearly visible location on 2 or near areas where the facility operator conducts motocross 3 activities. The warning notice specified in this subsection 4 shall appear on the sign in black letters on a white background 5 with each letter to be a minimum of one inch in height. The 6 signs described in this subsection shall contain the following 7 warning notice: 8 WARNING 9 Under Iowa law, a facility operator is not liable for an 10 injury to or the death of a participant in motocross activities 11 resulting from the inherent risks of motocross activities 12 pursuant to Iowa Code chapter 673B. 13 6. This section shall not be construed to affect, limit, 14 or modify any claim or defense existing in statute or common 15 law or to affect any claim against a motocross facility for 16 any injury to or the death of a participant that occurred at a 17 motocross facility prior to the effective date of this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanations substance by the members of the general assembly. 21 This bill relates to civil liability actions against 22 motocross facilities. The bill provides definitions. The bill 23 provides that a motocross facility shall not be liable for any 24 injury to or the death of a participant resulting from the 25 inherent risks of motocross activities and no participant or 26 a participants representative shall make any claim against, 27 maintain any action against, or recover from a facility for 28 injury, loss, damage, or death of the participant resulting 29 from any motocross activities which injury, loss, damage, or 30 death occurred at a motocross facility. 31 The bill provides the following exceptions that impose 32 liability upon a motocross facility that does any of the 33 following: (1) intentionally injures the participant, (2) 34 commits an act or omission that constitutes negligence for 35 -3- LSB 2713HV (2) 91 cm/jh 3/ 4
H.F. 917 the safety of a participant in a motocross activity and that 1 negligence is a proximate cause of the injury or death of a 2 participant, (3) provides unsafe equipment to a participant and 3 knew or should have known that use of the furnished equipment 4 was unsafe, or (4) fails to use that degree of care that a 5 reasonably prudent person would use under the same or similar 6 circumstances. 7 The bill requires that every facility shall post and 8 maintain signs in a clearly visible location on or near areas 9 where the facility operator conducts motocross activities which 10 show a warning notice. 11 The bill does not limit or modify any claim or defense 12 existing under statute or common law and does not affect any 13 claim occurring prior to the effective date of the bill. 14 -4- LSB 2713HV (2) 91 cm/jh 4/ 4