SF 4818
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 09:20 a.m.
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A bill for an act
relating to civil law; creating liability limits for motorized recreational vehicle
activities; proposing coding for new law in Minnesota Statutes, chapter 604A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[604A.45] INHERENT RISK; MOTORIZED ACTIVITIES.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Go-cart" means a motor vehicle, as defined in section 169.011, subdivision 42, that:
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(1) has four wheels;
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(2) has seating for up to two individuals;
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(3) is designed with:
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(i) an open frame, exposed frame components, open wheels, or a combination; and
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(ii) the bottom of the seat or seats commonly positioned no more than two inches above
the top of the chassis frame rails;
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(4) does not have doors, cargo capacity, or an enclosed cabin except for a roll cage or
exposed frame components; and
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(5) was not originally manufactured to meet federal motor vehicle safety standards in
Code of Federal Regulations, title 49, part 571, and successor requirements.
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(c) "Inherent risk of motorized activities" means dangers, hazards, or conditions that are
an integral part of motorized recreational activities, including but not limited to:
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(1) variations in terrain, surface, subsurface, or environmental conditions, whether natural
or man-made;
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(2) collisions with natural or man-made objects, vehicles, persons, or animals;
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(3) operator error, judgment, or inexperience, including loss of control or mechanical
failure resulting from operator error;
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(4) weather conditions, acts of nature, or changes in visibility or traction;
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(5) the presence, action, or inaction of a spectator; or
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(6) the aggravation of injuries or illness due to the location of the activity, including
remote areas where medical assistance may be delayed.
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(d) "Motorized recreational vehicle" means:
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(1) an off-highway vehicle, as defined in section 84.771;
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(2) a snowmobile, as defined in section 84.81, subdivision 3;
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(3) a utility task vehicle, as defined in section 169.045, subdivision 1, clause (3);
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(4) a golf cart;
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(5) a go-cart;
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(6) an electric-assisted bicycle, as defined in section 169.011, subdivision 27, when
primarily operated with the motor engaged;
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(7) a motorcycle, as defined in section 169.011, subdivision 44;
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(8) a motorized bicycle, as defined in section 169.011, subdivision 45; and
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(9) a motorized foot scooter, as defined in section 169.011, subdivision 46.
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new text begin Subd. 2. new text end
new text begin Limitations; liability. new text end
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A participant using a motorized recreational vehicle in
a recreational, competitive, educational, instructional, or exhibition activity that involves
operating, riding, driving, or using a motorized recreational vehicle shall not maintain an
action or recover damages for injury or death due to negligence against an individual,
partnership, association, club, government, or business entity that owns, manages, permits,
or sponsors an activity or event involving motorized recreational vehicles related to the
inherent risks of motorized activities as defined in this section. A participant includes an
individual who rides, operates, assists in maintaining, or otherwise participates in a motorized
recreational vehicle activity, regardless of whether they pay a fee to participate.
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new text begin Subd. 3. new text end
new text begin Exceptions; liability. new text end
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This section does not prevent or limit liability if the
injury or death was proximately caused by:
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(1) conduct that constitutes gross negligence, willful or wanton misconduct, intentional
harm, or criminal conduct; or
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(2) the use of a motorized recreational vehicle or safety equipment that was provided
by a person other than the participant when the person knew the motorized recreational
vehicle or safety equipment was unreasonably dangerous for its intended use.
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new text begin Subd. 4. new text end
new text begin Warning displays; application of other laws. new text end
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(a) An individual, partnership,
association, club, government, or business entity that owns, manages, permits, or sponsors
an activity or event involving motorized recreational vehicles has limited liability as provided
by this section if warning signs are posted and maintained in clearly visible locations at the
site of the activity or event, including trail heads, entrances to areas where motorized
recreational activities occur, and in locations where participants register, sign waivers, or
otherwise gain access to the activity involving a motorized recreational vehicle. The warning
signs must be printed in black letters on contrasting background with lettering of sufficient
size to be easily read and include: "WARNING: Under Minnesota law, the use of a motorized
recreational vehicle is an inherently dangerous activity and participants assume the risk of
injury or death." Failure to post a sign that substantially complies with the requirements of
this section does not create a presumption of liability, but may be considered by the court
when determining the applicability of this section.
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(b) This section does not affect the applicability of workers' compensation law to
employer and employee relationships, and shall not be construed to limit or modify any
defense or immunity to liability available under other provisions of law.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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