Motorcycles are dangerous; did you know? I'm joking, but also not; a thing that doesn't always come through very well in writing. You'd be able to tell from my tone of voice if we were having a conversation right now, though; that much, I can tell you.
And this also isn't a rant or ramble about how that's one of the most extremely tired things that many of us riders always hear from non-riders upon first learning that we ride. Often (not always, but far too frequently) followed by a story of their brother/sister/cousin who got badly hurt or killed on a bike, so they don't know why you even ride that thing (this level of judgment, despite the fact they've only just met you five minutes ago).
As we've discussed here in the past, most riders know and accept the fact that there are serious risks associated with this activity that we love. No matter whether we choose to ride on the street, at the track, or off road; trust me, WE KNOW.
But the question of whether we know it in our heads and whether it's considered for legal purposes has now been codified, at least in the state of Arkansas. On March 18, 2025, Arkansas governor Sarah Huckabee Sanders signed a piece of legislation called Act 312 into state law. This new law establishes a state of "inherent risk" specifically for dirtbike riders who participate in activities that take place on private property.
But What Does It Mean?
I've read a lot of legislation in my time, and I have to say, the text of this bill is remarkably readable for laypeople (and not just legislators). Right at the top, it states in relatively plain language what the intention is. The title reads, "An act concerning dirtbike use on private property; to establish the liability of an owner of private property; and for other purposes."
The text of this bill offers fairly clear guidelines (or at least, as clear as most such guidelines get) about what 'inherent risk' means as far as dirtbike riders are concerned, as well as what liability still rests on the property owner of a private property where a dirtbike rider may be injured.
The text of the bill states that:
"Inherent risk of dirtbike use" means the dangers or conditions that are an integral part of dirtbike use on roads, trails, paths, or other surfaces, including without limitation: Injury or death caused by a change or variation in the surface that may cause a participant to lose control, lose his or her balance, or crash the dirtbike; or a collision with a natural or man-made object.
It goes on to state that factors including operator error, including equipment failure due to operator error; attack or injury by an animal; and aggravation of injuries, illnesses, or conditions because an incident occurred in a remote place where medical facilities were not available are also part of the concept of 'inherent risk.' That's important, because that probably describes the majority of places where dirtbike events on private property happen.
Additional language spells out who, exactly, is considered an "owner of private property," including individuals, clubs, partnerships, and so on. It also talks about who is considered a "participant" in the event, and who is therefore considered to understand the 'inherent risk' of their sport, as well as their choice to engage in said sport.
So Wait, Does This Mean Property Owners Have No Liability If A Dirtbike Rider Crashes?
Not so fast. The text of this law also includes important language about what the property owner is responsible for. While dirtbike riders attending private events in the state of Arkansas will now be understood to accept 'inherent risk,' in the eyes of the law, owners of the private property where events take place must still take some responsibility, as well.
Owners of private property still must not "commit an act of gross negligence concerning the safety of a participant that proximately causes injury to or the death of a participant." They also can't knowingly provide an unsafe dirtbike to a participant, or "fail to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances."
If you've paid enough attention to legal cases over time, you'll recognize that someone bringing suit and referencing this law would probably have a tough time proving that someone, for example, knowingly provided an unsafe dirtbike to a participant—the key word here being 'knowingly'. (Unless you have convenient phone video footage of a cartoon villain twirling their mustache in the corner, muttering about how they purposely loosened the bolts on the handlebars of that rider in the green jersey, that is.)
But at the same time, it's absolutely true. Riders know and accept the risks of what we do, and there's both an inherent risk and an inherent responsibility to do what we can, as riders, to mitigate those risks. To go out and have fun, and do our best to keep ourselves and our fellow riders reasonably safe.
Facility owners and clubs that put on private events have a duty to maintain their property and facilities to adequate safety standards, but it can't all be on them, either. If you're out there riding above your skill set and you get hurt, that's on you; not them.
No one wants to see you get hurt, of course. But just like when you were a kid and you fell and skinned your knee while learning to ride your bicycle, that's not the sidewalk's fault for being there.
This Might Be A First For Dirtbikes, But It's Not A First For 'Inherent Risk'
I'm neither a skier nor an equestrian, but if you are, then you probably already know that multiple states already have similar inherent risk laws for those sports on the books. While I couldn't really tell you the first thing about riding horses, the American Equestrian Alliance has a handy page all about state-level equestrian liability laws. You can find similar discussion about skiers, ski resorts, and liability according to state laws in forums, on sites for lawfirms that specialize in this area of expertise, and elsewhere.
Taken in that context, it almost seems surprising that Arkansas is the first state to get a law like this for dirtbikes on the books. But what do you think?
The American Motorcyclist Association, for its part, came out in support of the law, and says it hopes to see more such laws on the books in other states soon. Do you feel the same? Tell us why or why not in the comments.
