Bill

HB 942

Establish liability framework for motorized off-road activities

136th Legislature (2025-2026) Introduced by Kevin Miller and 5 co-sponsors

The bill largely shields sponsors from liability for intrinsic risks at motorized off-road events, with exceptions for gross negligence, intentional harm, faulty equipment, or unsa

Referred to committee

#civillaw #courtsandcivillaw #motorvehicles #publicsafety #torts #transportation

WeVote Research Nonpartisan

Bill Summary · HB 942

Overview

HB 942, introduced in the 136th Ohio General Assembly, establishes a liability framework for participants, sponsors, and spectators involved in motorized off-road activities. The bill creates protections for sponsors and outlines when liability can be imposed, while also addressing waivers, safety requirements, and risk allocation.

Main purpose and intent

To define the parties involved in motorized off-road activities and set clear limits on liability for sponsors and related entities in the context of inherent risks.
To ensure participants, spectators, and sponsors understand and manage risk, with certain protections for sponsors provided the sponsor meets specific safety obligations.

Key provisions and changes

Definitions (Section A):
- Motorized off-road vehicle: includes ATVs/UTVs, off-highway motorcycles, snowmobiles.
- Motorized off-road activity: organized events for recreation, riding, touring, instruction, racing, exhibition, etc.
- Sponsor: owners, operators, managers, promoters, or providers of facilities, tracks, trails, or instruction.
- Participant: someone engaging in the activity (excludes employees acting within the scope of employment).
- Spectator: non-participating attendees (excludes employees acting within employment).
- Inherent risk: listed items such as terrain variations, jumps, collisions, mechanical failure not caused by sponsor negligence, weather, participant error, or delayed medical response.
Liability framework (Section B):
- General rule: participants assume inherent risks in motorized off-road activities.
- Sponsor liability: with limited exceptions, sponsors are not liable for harm resulting from inherent risks (tort or civil action).
- Exceptions to liability cap (Section C):
- Gross negligence or willful/wanton misconduct by the sponsor.
- Intentional injury by the sponsor.
- Knowingly providing faulty or defective equipment or vehicles.
- Reckless failure to construct, maintain, inspect, or mark a track, trail, or facility to a reasonably safe standard.
Minor participation (Section D):
- Minors must have a written waiver and release signed by a parent/guardian acknowledging inherent risks and voluntary participation.
- Waiver must identify inherent risks, affirm voluntary participation, and acknowledge potential harm.
- The signed waiver creates a rebuttable presumption that both minor and parent/guardian were aware of inherent risks.
Safety and pre-activity requirements (Sections E & F):
- Sponsors must provide a safety briefing appropriate to the participants’ age and experience.
- Spectators in restricted areas assume inherent risks; knowingly entering restricted zones is presumed to accept those risks.
Additional provisions (Sections G–J):
- Attractive nuisance doctrine does not apply if reasonable access restrictions are in place.
- Section does not limit liability under certain other chapters (e.g., worker’s compensation or premises liability) or create new causes of action.

Affected parties

Motorized off-road activity sponsors (owners, operators, promoters, managers, instructors, facility providers) receive liability protections under defined conditions.
Participants and spectators are affected by risk allocation, waivers, and safety briefing requirements.
Minors participating in activities are subject to mandatory parental waivers.
The bill interacts with existing Ohio law, not altering specific liability rights under related chapters unless specified.

Procedural and timeline aspects

The bill sets forth procedural requirements for waivers, safety briefings, and restricted-area signaling prior to participation.
It does not create a new cause of action and clarifies how existing liability concepts apply to motorized off-road activities.
Effective date: not provided in the introduced text; typically, enacted bills specify an effective date if different from general effective dates.