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Tex. Civil Practice and Remedies Code § 75E.002

LIMITED LIABILITY

Texas · Texas Civil Practice and Remedies Code · Status: effective

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Tex. Civil Practice and Remedies Code § 75E.002, LIMITED LIABILITY, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/632745
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(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.