SB 1349 - This act provides that a motorized off-road vehicle activity sponsor, a motorized off-road vehicle professional, or any other person, including individuals and all forms of business entities, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of a motorized off-road vehicle activity and no participant shall make any claim against, maintain an action against, or recover for injury, loss, damage, or death resulting from any of the inherent risks of motorized off-road vehicle activities. However, nothing in this act shall prevent or limit the liability if: (1) The equipment was provided, and such equipment was known or should have been known to be faulty, and was faulty to the extent that it did cause the injury;
(2) There was a failure to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activities;
(3) The land owned, leased, or otherwise under the possession and control of a person had a dangerous latent condition which was known or should have been known and for which warning signs have not been conspicuously posted;
(4) An act or omission constituted willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
(5) Such injuries were intentional.
Additionally, a sign or written warning containing a notice, described in this act, shall be posted and maintained in a clearly visible location on or near any registration area, staging area, or arena where the motorized off-road vehicle activity is held or provided to the participants, and shall be included in contracts with a motorized off-road vehicle professional. A motorized off-road vehicle activity sponsor or motorized off-road vehicle professional that fails to comply with warning notice requirements shall not be entitled to invoke the immunity.
KATIE O'BRIEN