Bill would clarify operator liability and safety standards for mountain-bike parks and lift operations

Representative John Maddox presented a bill intended to clarify rights and responsibilities for operators of mountain-bike parks and other outdoor-recreation activities, including parks that have lift access. Clay Stone, general counsel for the Department of Parks, Heritage and Tourism, joined Maddox to answer questions.

Stone said the bill was one of the measures supporting the governor’s effort to expand outdoor recreation in Arkansas and that it lays out expectations for operators and participants. "This bill is intended to clarify the rights and responsibilities of the persons operating mountain bike parks, some of which may have lift access and other outdoor recreation activities," Stone told the committee. He said the measure adopts recognized industry standards for lift operations (ANSI standards), requires maintenance and incident-response practices, and gives the Department of Labor and Licensing authority to investigate and inspect where appropriate.

Representative Maddox and counsel told the committee the bill frames mountain biking and similar activities as inherently dangerous and places some responsibility on participants. During questions, Mr. Kozart asked whether the bill would prevent injured participants from suing operators. Representative Maddox answered: "This bill only limits the operator's liability if the participant's negligence was a proximate cause of the accident. I agree. So it's a proximate cause standard, that it would have to be." The exchange clarifies that the bill does not bar suits entirely but limits operator liability where participant negligence is a proximate cause.

The transcript excerpt does not include a committee vote on the bill, nor does it show detailed fiscal or permitting implications. Stone said the bill drew on statutes and standards used in other states and on ANSI lift/tramway standards for best practices and inspection requirements.