(a) As used in this section:(1) “Dirtbike” means a motorcycle designed primarily for off-road use;(2) “Inherent risk of dirtbike use” means the dangers or conditions that are an integral part of dirtbike use on roads, trails, paths, or other surfaces, including without limitation:(A) Injury or death caused by:(i) A change or variation in the surface that may cause a participant to lose control, lose his or her balance, or crash the dirtbike; or(ii) A collision with a natural or man-made object;(B) Operator error, including equipment failure due to operator error;(C) Attack or injury by an animal; and(D) The aggravation of an injury, illness, or condition because the injury, illness, or condition occurred in a remote place where medical facilities are not available;(3) “Motorcycle” means a motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground;(4) “Owner of private property” means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or organized agent, that sponsors, organizes, rents, or provides to a participant the use of private property for dirtbike use; and(5) “Participant” means an individual who rents, leases, or uses a dirtbike on private property whether or not a fee is paid.
(1) “Dirtbike” means a motorcycle designed primarily for off-road use;
(2) “Inherent risk of dirtbike use” means the dangers or conditions that are an integral part of dirtbike use on roads, trails, paths, or other surfaces, including without limitation:(A) Injury or death caused by:(i) A change or variation in the surface that may cause a participant to lose control, lose his or her balance, or crash the dirtbike; or(ii) A collision with a natural or man-made object;(B) Operator error, including equipment failure due to operator error;(C) Attack or injury by an animal; and(D) The aggravation of an injury, illness, or condition because the injury, illness, or condition occurred in a remote place where medical facilities are not available;
(A) Injury or death caused by:(i) A change or variation in the surface that may cause a participant to lose control, lose his or her balance, or crash the dirtbike; or(ii) A collision with a natural or man-made object;
(i) A change or variation in the surface that may cause a participant to lose control, lose his or her balance, or crash the dirtbike; or
(ii) A collision with a natural or man-made object;
(B) Operator error, including equipment failure due to operator error;
(C) Attack or injury by an animal; and
(D) The aggravation of an injury, illness, or condition because the injury, illness, or condition occurred in a remote place where medical facilities are not available;
(3) “Motorcycle” means a motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground;
(4) “Owner of private property” means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or organized agent, that sponsors, organizes, rents, or provides to a participant the use of private property for dirtbike use; and
(5) “Participant” means an individual who rents, leases, or uses a dirtbike on private property whether or not a fee is paid.
(b) (1) (A) A participant assumes the inherent risk of dirtbike use by engaging in dirtbike use on private property.(B) A participant or his or her representative shall not have a claim against, maintain an action against, or recover from an owner of private property for loss, damage, or injury to, or the death of, the participant resulting from the inherent risk of dirtbike use.(2) An owner of private property is not liable for an injury to or the death of a participant resulting from the inherent risk of dirtbike use.
(1) (A) A participant assumes the inherent risk of dirtbike use by engaging in dirtbike use on private property.(B) A participant or his or her representative shall not have a claim against, maintain an action against, or recover from an owner of private property for loss, damage, or injury to, or the death of, the participant resulting from the inherent risk of dirtbike use.
(A) A participant assumes the inherent risk of dirtbike use by engaging in dirtbike use on private property.
(B) A participant or his or her representative shall not have a claim against, maintain an action against, or recover from an owner of private property for loss, damage, or injury to, or the death of, the participant resulting from the inherent risk of dirtbike use.
(2) An owner of private property is not liable for an injury to or the death of a participant resulting from the inherent risk of dirtbike use.
(c) This section does not:(1) Apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.; or(2) Prevent or limit the liability of an owner of private property that:(A) Intentionally injures a participant;(B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;(C) Provides an unsafe dirtbike to a participant and knew or should have known that the dirtbike was unsafe to the extent that it could cause an injury;(D) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or(E) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
(1) Apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.; or
(2) Prevent or limit the liability of an owner of private property that:(A) Intentionally injures a participant;(B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;(C) Provides an unsafe dirtbike to a participant and knew or should have known that the dirtbike was unsafe to the extent that it could cause an injury;(D) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or(E) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
(A) Intentionally injures a participant;
(B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;
(C) Provides an unsafe dirtbike to a participant and knew or should have known that the dirtbike was unsafe to the extent that it could cause an injury;
(D) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(E) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.