FIRST REGULAR SESSION
SENATE BILL NO. 626
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
2374S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 537, RSMo, by adding thereto one new section relating to liability for inherent
risks of motocross activities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 537, RSMo, is amend ed by adding thereto 1
one new section, to be known as section 537.326, to read as 2
follows:3
537.326. 1. As used in this section, unless the 1
context provides otherwise, the following terms mean: 2
(1) "Inherent risks of motocross activities", tho se 3
dangers, hazards, or conditions that are an integral part of 4
motocross activities, including, but not limited to: 5
(a) Cold weather or heat -related injuries and 6
illnesses, including hypothermia, frostbite, heat 7
exhaustion, heat stroke, and dehy dration; 8
(b) An "act of nature" which may include rock fall, 9
inclement weather, thunder and lightning, severe or varied 10
temperature, weather conditions, and winds including 11
tornadoes; 12
(c) Operator error; 13
(d) Attack or bite by animals; 14
(e) The aggravation of injuries or illnesses because 15
they occurred in remote places where there are no available 16
medical facilities; 17 SB 626 2
(2) "Facility operator", any individual, group, club, 18
partnership, corporation, or business entity, whether or not 19
operating for profit or not -for-profit, or any employee or 20
agent thereof, which sponsors, organizes, rents, or provides 21
to the general public the opportunity to use any motocross 22
vehicle by a participant at a motocross facility; 23
(3) "Motocross activity", riding on, training in or 24
on, using, or being a passenger on a motocross vehicle 25
during: 26
(a) A competition, exercise, or undertaking that 27
involves a motocross vehicle; or 28
(b) Training or teaching activities regarding the 29
operation of a motocross vehicle at a motocross facility; 30
(4) "Motocross facility", an area created and 31
maintained for the operation of motocross vehicles on 32
natural or man-made terrain for recreation and for which a 33
fee is charged for access; 34
(5) "Motocross vehicle", any motorized two -wheel 35
vehicle being operated over terrain created and maintained 36
for recreational use by operators of a motocross facility; 37
(6) "Participant", any person, whether an amateur or 38
professional, whether or no t a fee is paid, which rents, 39
leases, or uses a motocross vehicle or is a passenger on a 40
rented, leased, or used motocross vehicle while 41
participating in a motocross activity. 42
2. Except as provided in subsection 4 of this section, 43
a facility operator shall not be liable for any injury to or 44
the death of a participant resulting from the inherent risks 45
of motocross activities and, except as provided in 46
subsection 4 of this section, no participant or a 47
participant's representative shall make any claim against, 48
maintain any action against, or recover from a facility 49 SB 626 3
operator for injury, loss, damage, or death of the 50
participant resulting from any of the inherent risks of 51
motocross activities. 52
3. This section shall not apply to any employe r- 53
employee relationship governed by the provisions of chapter 54
287. 55
4. The provisions of subsection 2 of this section 56
shall not prevent or limit the liability of a facility 57
operator that: 58
(1) Intentionally injures the participant; 59
(2) Commits an act or omission that constitutes 60
negligence for the safety of a participant in a motocross 61
activity and that negligence is the proximate cause of the 62
injury or death of a participant; 63
(3) Provides unsafe equipment or an unsafe motocross 64
vehicle to a participant and knew or should have known that 65
the furnished equipment or motocross vehicle was unsafe; or 66
(4) Fails to use that degree of care that an 67
ordinarily careful and prudent person would use under the 68
same or similar circum stances. 69
5. Every facility operator shall post and maintain 70
signs which contain the warning notice specified in this 71
subsection. Such signs shall be placed in a clearly visible 72
location on or near areas where the facility operator 73
conducts motocross activities. The warning notice specified 74
in this subsection shall appear on the sign in black letters 75
on a white background with each letter to be a minimum of 76
one inch in height. The signs and contracts described in 77
this subsection shall contai n the following warning notice: 78
79 "WARNING SB 626 4
6. This section shall not be construed to limit or 85
modify any defense or immunity already existing in statute 86
or common law or to affect any claim occurring prior to 87
August 28, 2025. 88
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Under Missouri law, a facility operator is not
liable for an injury to or the death of a
participant in motocross activities resulting from
the inherent risks of motocross activities
pursuant to the Revised Statutes of Missouri.".