Torts; abrogating liability for owners of private property for dirtbike use on private property. Effective date.
SB1605 creates a new section of Oklahoma 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. As a result, a participant or the participant’s representative may not bring a claim against, or recover from, the property owner for loss, damage, injury, or death that results from those inherent risks.
The bill also sets out exceptions to the liability shield. It does not apply to employer-employee relationships covered by the Administrative Workers’ Compensation Act, and it does not protect an owner who intentionally injures a participant, acts with gross negligence or willful/wanton misconduct, provides an unsafe dirtbike that the owner knew or should have known was unsafe, or otherwise fails to use reasonable care in circumstances that proximately cause harm. The measure is scheduled to take effect November 1, 2026.
If enacted, SB1605 would add a new tort-liability limitation in Title 76 of the Oklahoma Statutes, reducing the exposure of private property owners, clubs, businesses, and other entities that sponsor or provide land for dirtbike riding. It would shift some injury risk to riders by statutorily recognizing the inherent risks of off-road dirtbike use, while preserving claims for intentional, reckless, grossly negligent, or otherwise wrongful conduct. The bill would affect participants in dirtbike recreation, property owners, and potentially insurers and operators of off-road riding venues.
The available legislative record shows no committee transcript or recorded vote history, so there is no documented debate to indicate broad support or opposition. Based on the bill’s structure, it appears aimed at liability protection for private property owners rather than expanding rider rights, suggesting a policy preference for limiting tort claims in recreational off-road use. The measure had been referred to the Judiciary Committee as of the last action.
The main point of contention is likely the balance between protecting private property owners from lawsuits and preserving remedies for injured riders. Supporters would likely favor the bill as a liability shield for landowners, clubs, and businesses hosting dirtbike activity, while opponents may argue that the bill narrows access to compensation for injuries and could reduce incentives to maintain safe riding conditions. The exceptions for gross negligence, unsafe equipment, and willful misconduct are designed to address those concerns, but the scope of the “inherent risk” definition could still be debated.