Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2852
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SCHUL TE.
6435H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 amended by adding thereto one new section, to be
2 known as section 537.326, to read as follows:
537.326. 1. As used in this section, unless the context pr ovides otherwise, the
2 following terms mean:
3 (1) "Facility operator", any individual, gr oup, club, partnership, corporation, or
4 business entity , whether or not operating for pro fit or not-for -pr ofit, or any employee or
5 agent ther eof, which sponsors, organizes, rent s, or pro vides to the general public the
6 opportunity to use any motocr oss vehicle by a participant at a motocr oss facility;
7 (2) "Inher ent risks of motocr oss activities", those dangers, hazards, or
8 conditions that ar e an integral part of motocr oss activities, including, but not limited to:
9 (a) Cold weather or heat-r elated injuries and illnesses, including hypothermia,
10 fr ostbite, heat exhaustion, heat str oke, and dehydration;
11 (b) An "act of nature" which may include rock fall, inclement weather , thunder
12 and lightning, sever e or varied temperatur e, weather conditions, and winds including
13 tornadoes;
14 (c) Operator error;
15 (d) Attack or bite by animals;
16 (e) The aggravation of injuries or illnesses because they occurr ed in r emote
17 places wher e ther e ar e no available medical facilities;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (3) "Motocro ss activity", riding on, training in or on, using, or being a passenger
19 on a motocr oss vehicle during:
20 (a) A competition, exerci se, or undertaking that involves a motocro ss vehicle; or
21 (b) T raining or teaching activities regard ing the operation of a motocr oss vehicle
22 at a motocr oss facility;
23 (4) "Motocro ss facility", an ar ea cr eated and maintained for the operation of
24 motocr oss vehicles on natural or man-made terrain for recr eation and for which a fee is
25 charged for access;
26 (5) "Motocr oss vehicle", any motorized two-wheel vehicle being operated over
27 terrain crea ted and maintained for r ecreat ional use by operators of a motocr oss facility;
28 (6) "Participant", any person, whether an amateur or profession al, whether or
29 not a fee is paid, which rent s, leases, or uses a motocr oss vehicle or is a passenger on a
30 r ented, leased, or used motocr oss vehicle while participating in a motocr oss activity .
31 2. Except as prov ided in subsection 4 of this section, a facility operator shall not
32 be liable for any injury to or the death of a participant resulti ng from the inher ent risks
33 of motocro ss activities and, except as pr ovided in subsection 4 of this section, no
34 participant or a participant's r epresent ative shall make any claim against, maintain any
35 action against, or recover fr om a facility operator for injury , loss, damage, or death of
36 the participant res ulting fr om any of the inher ent risks of motocr oss activities.
37 3. This section shall not apply to any employer -employee rel ationship governed
38 by the prov isions of chapter 287.
39 4. The pr ovisions of subsection 2 of this section shall not pr event or limit the
40 liability of a facility operator that:
41 (1) Intentionally injures the participant;
42 (2) Commits an act or omission that constitutes negligence for the safety of a
43 participant in a motocro ss activity and that negligence is the pr oximate cause of the
44 injury or death of a participant;
45 (3) Pr ovides unsafe equipment or an unsafe motocr oss vehicle to a participant
46 and knew or should have known that the furnished equipment or motocr oss vehicle was
47 unsafe; or
48 (4) Fails to use that degr ee of care that an ordinarily caref ul and prudent person
49 would use under the same or similar circums tances.
50 5. Every facility operator shall post and maintain signs which contain the
51 warning notice specified in this subsection. Such signs shall be placed in a clearly visible
52 location on or near are as wher e the facility operator conducts motocr oss activities. The
53 warning notice specified in this subsection shall appear on the sign in black letters on a
HB 2852 2
54 white backgroun d with each letter to be a minimum of one inch in height. The signs and
55 contracts described in this subsection shall contain the following warning notice:
56 "W ARNING
57 Under Missouri law , a facility operator is not liable for an injury to or
58 the death of a participant in motocro ss activities r esulting fr om the
59 inher ent risks of motocr oss activities pursuant to the Revised Statutes
60 of Missouri.".
61 6. This section shall not be construed to limit or modify any defense or immunity
62 alr eady existing in statute or common law or to affect any claim occurring prior to
63 August 28, 2026.
✔
HB 2852 3