HB 2852

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2852
                           103RD GENERAL ASSEMBLY
                          INTRODUCED BY REPRESENTATIVE SCHULTE.
 6435H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 537, RSMo, by adding thereto one new section relating to liability for
       inherent risks of motocross activities.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.326, to read as follows:
         537.326. 1. As used in this section, unless the context provides otherwise, the
2 following terms mean:
3(1) "Facility operator", any individual, group, club, partnership, corporation, or
4 business entity, whether or not operating for profit or not-for-profit, or any employee or
5 agent thereof, which sponsors, organizes, rents, or provides to the general public the
6 opportunity to use any motocross vehicle by a participant at a motocross facility;
7(2) "Inherent risks of motocross activities", those dangers, hazards, or
8 conditions that are an integral part of motocross activities, including, but not limited to:
9(a) Cold weather or heat-related injuries and illnesses, including hypothermia,
10 frostbite, heat exhaustion, heat stroke, and dehydration;
11(b) An "act of nature" which may include rock fall, inclement weather, thunder
12 and lightning, severe or varied temperature, weather conditions, and winds including
13 tornadoes;
14(c) Operator error;
15(d) Attack or bite by animals;
16(e) The aggravation of injuries or illnesses because they occurred in remote
17 places where there are no available medical facilities;
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 2852  2
18(3) "Motocross activity", riding on, training in or on, using, or being a passenger
19 on a motocross vehicle during:
20(a) A competition, exercise, or undertaking that involves a motocross vehicle; or
21(b) Training or teaching activities regarding the operation of a motocross vehicle
22 at a motocross facility;
23(4) "Motocross facility", an area created and maintained for the operation of
24 motocross vehicles on natural or man-made terrain for recreation and for which a fee is
25 charged for access;
26(5) "Motocross vehicle", any motorized two-wheel vehicle being operated over
27 terrain created and maintained for recreational use by operators of a motocross facility;
28(6) "Participant", any person, whether an amateur or professional, whether or
29 not a fee is paid, which rents, leases, or uses a motocross vehicle or is a passenger on a
30 rented, leased, or used motocross vehicle while participating in a motocross activity.
312. Except as provided in subsection 4 of this section, a facility operator shall not
32 be liable for any injury to or the death of a participant resulting from the inherent risks
33 of motocross activities and, except as provided in subsection 4 of this section, no
34 participant or a participant's representative shall make any claim against, maintain any
35 action against, or recover from a facility operator for injury, loss, damage, or death of
36 the participant resulting from any of the inherent risks of motocross activities.
373. This section shall not apply to any employer-employee relationship governed
38 by the provisions of chapter 287.
394. The provisions of subsection 2 of this section shall not prevent or limit the
40 liability of a facility operator that:
41(1) Intentionally injures the participant;
42(2) Commits an act or omission that constitutes negligence for the safety of a
43 participant in a motocross activity and that negligence is the proximate cause of the
44 injury or death of a participant;
45(3) Provides unsafe equipment or an unsafe motocross vehicle to a participant
46 and knew or should have known that the furnished equipment or motocross vehicle was
47 unsafe; or
48(4) Fails to use that degree of care that an ordinarily careful and prudent person
49 would use under the same or similar circumstances.
505. Every facility operator shall post and maintain signs which contain the
51 warning notice specified in this subsection. Such signs shall be placed in a clearly visible
52 location on or near areas where the facility operator conducts motocross activities. The
53 warning notice specified in this subsection shall appear on the sign in black letters on a
HB 2852  3
54 white background with each letter to be a minimum of one inch in height. The signs and
55 contracts described in this subsection shall contain the following warning notice:
56"WARNING
57Under Missouri law, a facility operator is not liable for an injury to or
58the death of a participant in motocross activities resulting from the
59inherent risks of motocross activities pursuant to the Revised Statutes
60of Missouri.".
616. This section shall not be construed to limit or modify any defense or immunity
62 already existing in statute or common law or to affect any claim occurring prior to
63 August 28, 2026.
                                            ✔