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ENGROSSED HOUSE
BILL NO. 4126 By: Fetgatter of the House
and
Logan of the Senate
An Act relating to torts; defining terms; providing
property owners protection from liability for dirt
bike accidents; providing exemptions from liability
protection; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 121 of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Dirt bike" means a motorcycle designed primarily for off-
road use;
2. "Inherent risk of dirt bike use" means the dangers or
conditions that are an integral part of dirt bike use on roads,
trails, racetracks, paths, or other surfaces, including, without
limitation:
a. injury or death caused by:
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(1) change or variation in the surface that may cause
a participant to lose control, lose his or her
balance, or crash the dirt bike, or
(2) a collision with a natural or man-made object; or
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 for use of
the rider and designed to travel on no more than two (2) 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 dirt bike use; and
5. "Participant" means an individual who rents, leases, or uses
a dirt bike on private property whether or not a fee is paid.
B. 1. A participant assumes the inherent risk of dirt bike use
by engaging in dirt bike use on private property.
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2. 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 dirt bike use.
3. An owner of private property is not liable for an injury to
or the death of a participant resulting from the inherent risk of
dirt bike use.
C. This act does not:
1. Apply to a relationship between an employer and employee; 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 dirt bike to a participant and knew
or should have known that the dirt bike 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
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negligence, or criminal conduct that proximately
causes injury, damage, or death.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate