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 fail to meet certain criteria, such as providing faulty equipment, neglecting to assess a participant's ability to safely engage in off-roading, or failing to address known dangerous conditions on their property. Additionally, operators are required to maintain liability insurance coverage of at least $1 million per occurrence and $2 million in aggregate to qualify for this immunity.
The bill also mandates that operators post warning signs at their parks and include a specific warning notice in all written contracts related to off-roading activities. The warning must inform participants that operators are not liable for injuries or deaths resulting from inherent risks, except as allowed by state law. Failure to comply with these signage and contract requirements will prevent operators from claiming the liability protections outlined in the bill. The act is set to take effect on October 1, 2025.
Statutes affected: Introduced: 32-12A-1
Engrossed: 32-12A-1