The bill aims to limit the liability of operators of off-roading parks in Alabama by establishing specific conditions under which they can be held responsible for injuries or deaths resulting from off-roading activities. Under the new legal language, operators will not be liable for injuries or deaths caused by the inherent risks of off-roading, unless they are found to have provided faulty equipment, failed to assess a participant's ability to safely engage in off-roading, or neglected to address known dangerous conditions on their property. Additionally, operators will be held liable if they act with willful disregard for participant safety or intentionally cause harm.
To ensure that participants are aware of these limitations, the bill mandates that operators post warning signs and include a specific warning notice in all contracts related to off-roading activities. The warning must inform participants that operators are not liable for injuries resulting from inherent risks, except as specified by law. Furthermore, operators must maintain liability insurance coverage of at least $1 million per occurrence and $2 million in aggregate to qualify for the immunity provided by this legislation. The act is set to take effect on October 1, 2025.
Statutes affected: Introduced: 32-12A-1
Engrossed: 32-12A-1