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hb942_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 942
2025-2026
Representatives Salvo, Workman
Cosponsors: Representatives Ritter,
Miller, K., Moore, Pizzulli
To
enact section 2305.322 of the Revised Code
to
establish a liability framework for participants, sponsors, and
spectators during motorized off-road activities.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2305.322 of the Revised Code be enacted to read as follows:
Sec.
2305.322.
(A)
As used in this section:
(1)
"Motorized off-road vehicle" means a motorized vehicle
designed primarily for operation on unpaved surfaces, including an
all-purpose vehicle, a utility vehicle, an off-highway motorcycle,
and a snowmobile.
(2)
"Motorized off-road activity" means any organized event
involving the use of a motorized off-road vehicle for purposes of
recreational riding, touring, instruction, racing, competition,
exhibition, demonstration, or practice.
(3)
"Motorized off-road activity sponsor" means a person or
entity that owns, operates, leases, manages, sponsors, promotes,
organizes, or provides facilities, tracks, trails, land, or
instruction for a motorized off-road activity whether for profit or
nonprofit.
(4)
"Participant" means an individual who engages in a
motorized off-road activity. "Participant" does not include
an employee of a motorized off-road activity sponsor who is acting
within the scope of employment.
(5)
"Spectator" means an individual who is present at a
motorized off-road activity but who does not directly engage in that
activity. "Spectator" does not include an employee of a
motorized off-road activity sponsor who is acting within the scope of
employment.
(6)
"Inherent risk of a motorized off-road activity" means a
danger or condition that is an integral part of a motorized off-road
activity, including any of the following:
(a)
Surface and terrain variations;
(b)
Jumps, obstacles, ramps, or other course features;
(c)
Collisions between vehicles, participants, spectators, or objects;
(d)
Mechanical failure provided that it is not caused by the motorized
off-road activity sponsor's negligence;
(e)
Weather conditions;
(f)
Participant error, inexperience, lack of judgment, or loss of
control;
(g)
Delayed medical response due to the location of the motorized
off-road activity.
(7)
"Harm" means injury, death, or loss to a person or
property.
(B)(1)
A participant in a motorized off-road activity assumes any of the
inherent risk of a motorized off-road activity.
(2)
Except as provided in division (C) of this section, a motorized
off-road activity sponsor is not liable in damages in a tort or other
civil action for harm that a participant allegedly sustains during a
motorized off-road activity that results from an inherent risk of a
motorized off-road activity.
(C)
The limitation of liability provided in division (B) of this section
does not apply if the harm was proximately caused by any of the
following:
(1)
An act or omission by the motorized off-road activity sponsor that
constitutes gross negligence or willful or wanton misconduct;
(2)
The motorized off-road activity sponsor intentionally injuring the
participant;
(3)
The motorized off-road activity sponsor knowingly providing faulty
equipment or a motorized off-road vehicle that the sponsor knew or
should have known was defective;
(4)
Reckless failure by the motorized off-road activity sponsor to
construct, maintain, inspect, or mark a track, trail, course, or
facility in a reasonably safe manner.
(D)(1)
A minor shall not participate in a motorized off-road activity unless
a parent or legal guardian signs a written waiver and release of
liability and indemnification agreement that acknowledges the
inherent risk of a motorized off-road activity prior to the minor's
participation.
(2)
The agreement required under division (D)(1) of this section shall do
all of the following:
(a)
Identify the inherent risks associated with a motorized off-road
activity;
(b)
Affirm that participation in the motorized off-road activity is
voluntary;
(c)
Acknowledge that harm to the participant may occur by participating
in the motorized off-road activity.
(3)
An agreement signed by the minor participant's parent or legal
guardian creates a rebuttable presumption that the minor participant
and the parent or legal guardian were aware of the inherent risk of a
motorized off-road activity.
(E)
Prior to participants engaging in a motorized off-road activity, a
motorized off-road activity sponsor shall conduct a safety briefing
appropriate to the age and experience of the participants to ensure
all participants are aware of the safety protocols for the activity.
(F)(1)
A spectator within a restricted area at a motorized off-road activity
assumes any of the inherent risk of a motorized off-road activity.
(2)
A spectator who knowingly enters a clearly marked restricted area or
activity zone is considered to have assumed the inherent risks
associated with that area or zone.
(G)
The doctrine of attractive nuisance does not apply to motorized
off-road vehicles or motorized off-road activities provided that the
motorized off-road activity sponsor has taken reasonable measures to
restrict or prevent unauthorized access.
(H)
This section does not limit liability under Chapter 2307. of the
Revised Code.
(I)
This section does not affect rights or obligations arising under
Chapter 4123. of the Revised Code.
(J)
This section does not create a new cause of action.