How the New Inherent Risk Law Can Affect Liability for Motorcycle Accidents in Texas

In September of 2025, a new law took effect in Texas that limits liability in certain motorcycle accident cases, yet this law was endorsed by the American Motorcyclist Association (AMA). Why? While the law limits motorcyclists’ rights in some respects, it is expected to provide expanded opportunities for off-road motorcycling that justify those limitations.

In this post, we take a look at where the law applies and the effects it can have not only on motorcyclists but also on property owners in Texas.

What is Inherent Risk Legislation?

Inherent risk laws recognize that some activities are dangerous by their very nature and that nothing anyone can do will make them completely safe. Some examples of activities considered to be inherently risky include:

• Skiing
• Horseback riding
• Skydiving
• Whitewater rafting
• Rock climbing

Many times, companies that furnish equipment or facilities for these activities require participants to sign a waiver stating that they understand they risk injury and accept the risks posed by the inherently dangerous nature of the activity. In some cases, lawmakers have established an “assumption of risk” doctrine, meaning that those who participate in specified activities cannot sue for negligence-related injuries. Participants assume the risk themselves.

This is essentially what the new Texas law establishes for off-road motorcycling activities, but there are critical exceptions.

How the New Law Limits the Ability to File a Lawsuit After Motorcycle Injuries

The new inherent risk law for motorcycles, found in Section 75E.002 of the Texas Civil Practice and Remedies Code, applies to “motorized off-road vehicles,” which are defined elsewhere in the Code to include vehicles weighing less than 8,000 pounds that are designed to be driven on unpaved surfaces. So the law applies not only to motorcycles driven off-road but also to ATVs, UTVs, and similar vehicles.

The law specifies that if someone is injured while using an off-road vehicle in an area designated for their use, they cannot sue the property owner, the event sponsor, or anyone associated with the activity, except in specific circumstances.

The reason the AMA endorsed the legislation is that it establishes “a more consistent and predictable liability environment for property owners and off-road riding enthusiasts.” Those who want to hold off-road events will have an easier time finding property owners willing to make their land available if they know they will not be held liable for injuries in most cases. The law allows individuals and companies to invest in the sport without as great a risk of being sued. However, to limit their liability, property owners, sponsors, and event organizers must ensure that a proper warning sign is posted explaining the law’s impact.

This Law Does Not Affect Liability for Motorcycles, Mopeds, and Other Vehicles Designed for Street Use

Although some argue that using any motorized two-wheeled vehicle is inherently dangerous, the new law does not apply to any vehicle designed for use on paved roads. This would presumably include both private and public paved roads. 

Therefore, the ability of a motorcyclist to sue someone whose negligence causes an accident on the street would not be impacted by the law. It is only the use of off-road “dirt bike” motorcycles that are covered by the new liability limits.

Exceptions Where Liability Remains for Injuries in Off-Road Motorcycle Events

The law does not provide an absolute bar to lawsuits involving off-road motorcycle injuries. If there is any intentional misconduct or “gross” negligence, an injured participant may sue. The limitation on liability applies only to participants and does not include spectators who get injured (unless a spectator has entered an unauthorized area or intentionally stepped into harm’s way). Spectators who are hurt can presumably still sue event organizers or property owners for ordinary negligence.

The law also does not provide immunity from liability for vehicles or equipment provided to a participant. If someone rents a dirt bike and is injured because it was not properly maintained, the participant can still seek damages.

Furthermore, the law allows a participant to sue for injuries caused by “potentially dangerous” conditions that the property owner, manager, or event organizer knew or should have known about. The law also permits lawsuits for injuries resulting from the failure to properly train an employee actively involved in the off-road vehicle activity.

The Doctrine of Attractive Nuisance

The new law specifies that the doctrine of attractive nuisance does not apply to claims for injuries occurring in a “motorized off-road vehicle area.” Attractive nuisance is a traditional common law doctrine that holds property owners liable when trespassing children are injured by dangerous features on the property. The doctrine imposes an obligation to take steps to protect young children from the risk of harm posed by features that could cause injuries, such as swimming pools and construction equipment.

DeKeyzer Law Fights for the Rights of Those Injured in Accidents Caused by Negligence

Property owners will often point to laws such as the new inherent risk law for off-road vehicle events and proclaim that they cannot be held liable for anything. But that simply is not true. An experienced attorney can also show how a property owner or event organizer acted in a way that constituted gross negligence or that otherwise is not immune from liability. Everything hinges on the details and the ability to make critical distinctions.

If you have questions about your ability to recover compensation after an accident, we invite you to contact the team at DeKeyzer Law today to schedule a free consultation to discuss your options. To get started, just call us at 713-904-4004 or contact us online now.