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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1605 By: Frix
AS INTRODUCED
An Act relating to torts; defining terms; abrogating
liability for owners of private property for dirtbike
use on private property; providing for exceptions;
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 115 of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Dirtbike” means a motorcycle designed primarily for off-
road use;
2. “Inherent risk of dirtbike use” means the dangers or
conditions that are an integral part of dirtbike use on roads,
paths, or other surfaces including, but not limited to:
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a. injury or death caused by a change or variation in the
surface that may cause a participant to lose control,
lose his or her balance, or crash the dirtbike,
b. injury or death caused by a collision with a natural
or man-made object,
c. operator error, including equipment failure due to
operator error, and
d. aggravation of an injury, illness, or condition
because the injury, illness, or condition occurred in
a remote location where medical facilities are not
available;
3. “Motorcycle” means a motor vehicle having a seat or saddle
for use of the rider and designed to travel on no more than three
wheels in contact with the ground;
4. “Owner of private property” means a person, group, club,
partnership, corporation, business entity, whether or not operating
for profit, employee, or organized agent, that sponsors, organizes,
rents, or provides to a participant the use of private property for
dirtbike use; and
5. “Participant” means a person who rents, leases, or uses a
dirtbike on private property whether or not a fee is paid.
B. A participant assumes the inherent risk of dirtbike use by
engaging in dirtbike use on private property. A participant or his
or her representative shall not have a claim against, maintain an
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action against, or recover from an owner of private property for
loss, damage, injury to, or the death of the participant resulting
from the inherent risk of dirtbike use. An owner of private
property shall not be liable for loss, damage, injury to, or the
death of a participant resulting from the inherent risk of dirtbike
use.
C. This section shall not:
1. Apply to a relationship between an employer and employee
pursuant to the Administrative Workers’ Compensation Act; 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 loss, damage, injury to, or the
death of the participant,
c. provides an unsafe dirtbike to a participant and
reasonably knew or should have known that the dirtbike
was unsafe to the extent that it could cause injury,
d. fails to use the degree of care that a reasonably
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 loss, damage, injury to, or the death of the
participant.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3207 BLB 1/13/2026 1:05:46 PM