Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Ohv Liability topic
No spam. Unsubscribe anytime.
Utah House passes OHV liability bill after amendment to limit owner responsibility
Summary
The House adopted Amendment 1 and passed House Bill 68, shifting some liability for off‑highway vehicle (OHV) incidents toward operators and emphasizing assumption of risk; sponsors said the amendment balances business and public safety concerns. Final passage was recorded 70–0.
The Utah House on Feb. 11 approved House Bill 68, which revises operator responsibilities for off‑highway vehicles (OHVs) and was amended on the floor to address liability concerns.
Representative Michael Noel, the bill sponsor, said the amendment was worked out with trial lawyers and OHV stakeholders to narrow the scope of liability. "This bill actually puts language in there that gross negligence and those 18 years of age and passengers are not included in the overall bill which deals with the operator's responsibility of operating an OHV," the sponsor said while moving Amendment 1. He described the bill as modifying the vehicle code to clarify operator responsibility for injury or damage that results from the sport's inherent hazards.
Members asked whether the bill would affect tourists who rent vehicles and whether it would reduce opportunities for injured parties to sue. The sponsor and his supporters said rental operations are already subject to insurance and warning requirements and that the amendment protects owners from liability except in cases of gross negligence. Representative King emphasized the need for businesses that rent OHVs to provide basic training and warnings to novices: "Let's think hard about the extent to which there is some responsibility on the part of the business owner to educate, to train."
Representative Powell and others raised questions about whether the bill would limit the effectiveness of contractual waivers; Representative Christensen (participating as counsel during floor discussion) responded that the amendment balances assumption of risk doctrine with protections and said the language was negotiated with stakeholders.
After debate and adoption of Amendment 1, the House passed HB68 as amended; the transcript records final passage with 70 yeas and 0 nays. Supporters said the measure follows models used in other states and aims to reduce excessive litigation while preserving remedies for truly egregious conduct.
The bill was transmitted to the Senate for its consideration.
