{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-75e.002","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 75E.002","heading":"LIMITED LIABILITY.","body":"(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.\n(b) This section does not limit liability for an injury:\n(1) proximately caused by:\n(A) the motorized off-road vehicle entity's:\n(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\n(ii) negligence with regard to a motorized off-road vehicle or related equipment provided by the entity to the participant;\n(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\n(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\n(2) intentionally caused by the motorized off-road vehicle entity.\n(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.\nAdded by Acts 2025, 89th Leg., R.S., Ch. 1123 (H.B. 5624), Sec. 1, eff. September 1, 2025.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 4. LIABILITY IN TORT","CHAPTER 75E. LIMITED LIABILITY FOR MOTORIZED OFF-ROAD VEHICLE ACTIVITIES"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75E.htm#75E.002","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"549ad017e75cb456041ee715c1e528679d2b969e3975fb76174758e02f918150","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-75e.001","next":"us-tx/tex.-civil-practice-and-remedies-code-75e.003"},"notice":"GroundRules: Original legal text. Not legal advice."}