Arkansas Gov. Sarah Huckabee Sanders (R) signed Act 312 into law on March 18, establishing inherent risk for off-road motorcyclists and enhancing protections for event organizers throughout the state.
The AMA applauds the passage of Act 312, which offers greater protections for private landowners who provide access to their land for off-road recreation and competition.
“Act 312 will create a more sustainable liability landscape for event organizers throughout Arkansas, as it ensures a smoother legal process in the case of injury for all involved in off-road events in the state,” AMA Central States Representative Nick Sands said. “We’re encouraged to see this legislation pass in Arkansas and hope to see similar laws continue to progress throughout the country.”
Inherent risk refers to the capacity for risk naturally associated with a process or activity without any risk-reduction efforts. An activity’s inherent risk cannot be effectively eliminated or controlled and becomes important when assessing the liability of voluntary participants.
With this law, the rider takes individual responsibility for their own safety, and facility owners take responsibility for their own liability, so when an accident does occur, fault can be clearly identified. This law helps riders by requiring safe riding areas while also benefitting landowners and organizers because they have assurances that the rider enters their facility knowing they have a responsibility to ride within their skill and ability.
This law increases the likelihood that landowners and organizers will receive the necessary insurance protections needed to hold off-road motorcycle events, which is a win for all AMA members. The new law will also ensure safer facilities and events, as landowners must provide adequate safety measures, or they may be held liable for accidents that occur on their property.
The AMA says it remains engaged with efforts regarding inherent risk and civil liability in multiple states, most notably in Texas, Iowa and Missouri, where bills have been introduced but are still working their way through committee. CN
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