hb942_00

As Introduced

136th General Assembly

Regular Session H. B. No. 942

2025-2026

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;

(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;

(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.