§ 75E.002 — LIMITED LIABILITY.

Texas § 75E.002

• Jurisdiction: Texas
• Code CP: Civil Practice and Remedies Code

Text

Sec. 75E.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a motorized off-road vehicle entity is not liable to any person for a motorized off-road vehicle activity participant injury, if, at the time of the motorized off-road vehicle activity participant injury, the warning prescribed by Section 75E.003 was posted in accordance with that section.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the motorized off-road vehicle entity's:
(i) gross negligence or intentional misconduct with regard to the safety of the motorized off-road vehicle area or the motorized off-road vehicle activity participant; or
(ii) negligence with regard to a motorized off-road vehicle or related equipment provided by the entity to the participant;
(B) a potentially dangerous condition at the motorized off-road vehicle area, other than a potentially dangerous condition inherent to driving a vehicle in a motorized off-road vehicle area, including unstable roads, surfaces, or subsurfaces or natural or man-made obstacles, of which the motorized off-road vehicle entity knew or reasonably should have known; or
(C) the motorized off-road vehicle entity's failure to train or improper training of an employee of the motorized off-road vehicle entity actively involved in the motorized off-road vehicle area or a motorized off-road vehicle activity; or
(2) intentionally caused by the motorized off-road vehicle entity.
(c) The doctrine of attractive nuisance does not apply to a claim made by a person for an injury that occurred in a motorized off-road vehicle area.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 1123 (H.B. 5624 ), Sec. 1, eff. September 1, 2025.