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Senate approves Mountain Bike Responsibility Act, limits certain trail liabilities
Summary
The Senate passed the Mountain Bike Responsibility Act (SB595), which sets operator duties, references industry standards, and limits operator liability for inherent trail risks; the bill passed 33–1 on third reading.
CHARLESTON, W.Va. — The West Virginia Senate on March 24 passed the Mountain Bike Responsibility Act, a bill that sponsors said aims to encourage mountain-biking trail operations while defining limits on operator liability.
Junior Senator from Seventh, presenting the bill on third reading, said the measure “establishes a new article of code to be designated as the Mountain Bike Responsibility Act” and sets legislative findings that the state seeks to attract tourists and recognize the inherent risks of mountain biking. The sponsor said the bill establishes duties for trail operators to maintain trails “in a reasonably safe condition” and adopt accepted industry standards while limiting liability for inherent trail hazards such as uneven or slippery surfaces or debris.
The bill also declares that riders assume the risk of certain injuries and have “the duty to take precautions to avoid such injury and damage.” The sponsor told the Senate the measure is patterned after existing West Virginia responsibility acts for activities such as skiing and whitewater rafting.
On a roll-call vote the Senate recorded 33 ayes and 1 nay, and the clerk announced passage. The clerk will communicate the action to the House per routine procedure.
Ending
With passage, the measure moves to the House for its processing; the Senate journal does not record a final effective date or appropriation tied to the bill on the March 24 floor statements.
