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Oklahoma Legislature· SB 1605Second Reading referred to Judiciary

An act relating to torts, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 1605               By: Frix
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6                            AS INTRODUCED

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7   An Act relating to torts; defining terms; abrogating

7   liability for owners of private property for dirtbike

8   use on private property; providing for exceptions;

8   providing for codification; and providing an

9   effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.      NEW LAW  A new section of law to be codified

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15 in the Oklahoma Statutes as Section 115 of Title 76, unless there is
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16 created a duplication in numbering, reads as follows:
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17  A. As used in this section:

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18  1. "Dirtbike" means a motorcycle designed primarily for off-

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19 road use;
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20  2. "Inherent risk of dirtbike use" means the dangers or

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21 conditions that are an integral part of dirtbike use on roads,
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22 paths, or other surfaces including, but not limited to:
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    Req. No. 3207                                              Page 1
1   a. injury or death caused by a change or variation in the

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2                  surface that may cause a participant to lose control,

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3                  lose his or her balance, or crash the dirtbike,

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4   b. injury or death caused by a collision with a natural

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5                  or man-made object,

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6   c. operator error, including equipment failure due to

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7                  operator error, and

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8   d. aggravation of an injury, illness, or condition

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9                  because the injury, illness, or condition occurred in

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10                 a remote location where medical facilities are not

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11                 available;

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12  3. "Motorcycle" means a motor vehicle having a seat or saddle

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13 for use of the rider and designed to travel on no more than three
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14 wheels in contact with the ground;
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15  4. "Owner of private property" means a person, group, club,

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16 partnership, corporation, business entity, whether or not operating
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17 for profit, employee, or organized agent, that sponsors, organizes,
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18 rents, or provides to a participant the use of private property for
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19 dirtbike use; and
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20  5. "Participant" means a person who rents, leases, or uses a

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21 dirtbike on private property whether or not a fee is paid.
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22  B. A participant assumes the inherent risk of dirtbike use by

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23 engaging in dirtbike use on private property. A participant or his
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24 or her representative shall not have a claim against, maintain an
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    Req. No. 3207                                              Page 2
1 action against, or recover from an owner of private property for
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2 loss, damage, injury to, or the death of the participant resulting
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3 from the inherent risk of dirtbike use. An owner of private
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4 property shall not be liable for loss, damage, injury to, or the
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5 death of a participant resulting from the inherent risk of dirtbike
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6 use.
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7   C. This section shall not:

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8   1. Apply to a relationship between an employer and employee

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9 pursuant to the Administrative Workers' Compensation Act; or
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10  2. Prevent or limit the liability of an owner of private

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11 property that:
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12      a. intentionally injures a participant,

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13      b. commits an act or omission of gross negligence

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14                 concerning the safety of a participant that

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15                 proximately causes loss, damage, injury to, or the

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16                 death of the participant,

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17      c. provides an unsafe dirtbike to a participant and

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18                 reasonably knew or should have known that the dirtbike

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19                 was unsafe to the extent that it could cause injury,

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20      d. fails to use the degree of care that a reasonably

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21                 prudent person would use under the same or similar

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22                 circumstances, or

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23      e. commits other acts, errors, or omissions that

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24                 constitute willful or wanton misconduct, gross

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    Req. No. 3207                                               Page 3
1                  negligence, or criminal conduct that proximately

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2                  causes loss, damage, injury to, or the death of the

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3                  participant.

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4   SECTION 2. This act shall become effective November 1, 2026.

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6   60-2-3207      BLB           1/13/2026 1:05:46 PM

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    Req. No. 3207                                      Page 4
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