H.B. No. 5624 introduces a new chapter, Chapter 75E, to the Civil Practice and Remedies Code, which establishes limited liability for motorized off-road vehicle entities concerning injuries that arise from motorized off-road vehicle activities. The bill defines key terms such as "motorized off-road vehicle," "motorized off-road vehicle activity," and "motorized off-road vehicle entity." It stipulates that these entities are not liable for injuries sustained by participants in such activities, provided that a specific warning sign is posted at the entrance of the motorized off-road vehicle area. This sign must inform participants that Texas law limits the liability of these entities for injuries or death resulting from motorized off-road vehicle activities.
However, the bill outlines exceptions to this limited liability. Entities can still be held liable for injuries caused by gross negligence, intentional misconduct, or failure to properly train employees. Additionally, the doctrine of attractive nuisance will not apply to claims made for injuries occurring in a motorized off-road vehicle area. The changes enacted by this bill will only apply to causes of action that accrue on or after its effective date of September 1, 2025.
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