Assumption of Risk by Operators of Mopeds

The bicycle equipped with a motor is an inherently dangerous device which may be operated by an unlicensed person. Any operator riding a bicycle equipped with a motor does so at his own risk. The assumption of risk by such operator shall extend to an action by such operator or his legal representative to recover damages for such operator's injury or death or injury to property. SOURCE: CC § 1714.2 added by P.L. 14-75:9 (11/2/77) as part of a law regulating the use and operation of bicycles equipped with motors or, as commonly known, mopeds. COURT DECISIONS: A. . . the permanent irrebuttable presumption of assumption of the risk created by [18 GCA § 90109] violated the Due Process Clause of the Fourteenth Amendment. . . A Avellana v. Young Joo Oh et al., Civ. Case No. 2-85, Motion for Summary Judgment, Superior Court of Guam, Siguenza, J., 7/30/85). This case was never appealed.