Limited Liability

Sec. 75E.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a motorized off-road vehicle entity is not liable to any person for a motorized off-road vehicle activity participant injury, if, at the time of the motorized off-road vehicle activity participant injury, the warning prescribed by Section 75E.003 was posted in accordance with that section. (b) This section does not limit liability for an injury: (1) proximately caused by: (A) the motorized off-road vehicle entity's: (i) gross negligence or intentional misconduct with regard to the safety of the motorized off-road vehicle area or the motorized off-road vehicle activity participant; or (ii) negligence with regard to a motorized off-road vehicle or related equipment provided by the entity to the participant; (B) a potentially dangerous condition at the motorized off-road vehicle area, other than a potentially dangerous condition inherent to driving a vehicle in a motorized off-road vehicle area, including unstable roads, surfaces, or subsurfaces or natural or man-made obstacles, of which the motorized off-road vehicle entity knew or reasonably should have known; or (C) the motorized off-road vehicle entity's failure to train or improper training of an employee of the motorized off-road vehicle entity actively involved in the motorized off-road vehicle area or a motorized off-road vehicle activity; or (2) intentionally caused by the motorized off-road vehicle entity. (c) The doctrine of attractive nuisance does not apply to a claim made by a person for an injury that occurred in a motorized off-road vehicle area. Added by Acts 2025, 89th Leg., R.S., Ch. 1123 (H.B. 5624), Sec. 1, eff. September 1, 2025.