Concerning Dirtbike Use On Private Property; And To Establish The Liability Of An Owner Of Private Property.
HB1465 creates a new section of Arkansas law governing dirtbike use on private property. It defines key terms such as “dirtbike,” “participant,” “owner of private property,” and “inherent risk of dirtbike use,” and then provides that a participant assumes those inherent risks by choosing to ride on private property. Under the bill, a participant or the participant’s representative generally may not bring a claim against, sue, or recover from the property owner for injury, death, or loss caused by those inherent risks.
The bill also preserves liability in specified circumstances. It does not apply to employer-employee relationships covered by workers’ compensation law, and it does not shield a property owner from liability for intentional injury, gross negligence, unsafe equipment provided to a participant when the owner knew or should have known it was unsafe, failure to use ordinary care, or other willful, wanton, grossly negligent, or criminal conduct that proximately causes harm. In effect, the measure functions as a liability-limitation or recreational immunity statute for dirtbike activities on private land.
HB1465 amends Arkansas Code Title 27, Chapter 20 by adding a new liability rule specific to dirtbike use on private property. It expands the state’s recreational-risk framework by assigning inherent-risk assumptions to participants and limiting civil claims against private property owners, clubs, businesses, and other entities that sponsor, organize, rent, or provide private land for dirtbike use. The bill would affect tort liability, premises-related claims, and risk allocation for off-road motorcycle activities, while leaving workers’ compensation and misconduct-based claims intact.
The bill appears to have been broadly supported and noncontroversial in the legislative process. The recorded votes were unanimous in both chambers, including third reading votes of 93-0 in the House and 33-0 in the Senate, followed by a 92-0 concurrence vote on the Senate amendment. The absence of committee transcript material also suggests there was little recorded public dispute or extended debate around the measure.
No notable opposition is reflected in the available record, and the unanimous votes indicate strong bipartisan agreement. The main policy balance in the bill is between protecting private property owners from liability for ordinary off-road riding risks and preserving remedies for participants when harm results from intentional acts, gross negligence, unsafe equipment, or other serious misconduct. Any potential contention would likely center on whether the liability shield is too broad or whether it appropriately encourages private land access for dirtbike recreation without eliminating accountability for unsafe conduct.