Senate Bill 2644

AN ACT TO CREATE A LIMITATION OF LIABILITY FOR A LANDOWNER AS AGAINST A PERSON WHO IS OPERATING OR RIDING AN ALL-TERRAIN VEHICLE ON THE LANDOWNER'S PROPERTY; TO SPECIFY SITUATIONS IN WHICH THE LIABILITY WILL NOT BE WAIVED AND THE LANDOWNER WILL NOT BE IMMUNE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

(1) A landowner is not an insurer of a person's safety during the activity of operating or riding on an all-terrain vehicle. A landowner shall not be liable for an injury to or the death of a person resulting from the inherent risks of operation of an all-terrain vehicle, or of riding on an all-terrain vehicle operated by another, unless the death or injury resulted from the landowner's willful or wanton conduct, was intentionally caused by the landowner, or if the landowner discovered the person in a position of peril or helplessness on the property and failed to exercise ordinary care not to injure the person.

(2) The limitation of liability in subsection (1) will not prevent or limit the liability of the landowner if the landowner:

(a) Provided the all-terrain vehicle and knew or should have known that the all-terrain vehicle was faulty and the all-terrain vehicle was faulty to the extent that it did cause the injury;

(b) Provided the all-terrain vehicle and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in operating or riding on the all-terrain vehicle based on the person's representations of this ability; or

(c) The landowner knew or should have known of a dangerous latent condition for which warning signs were not conspicuously posted.

SECTION 1. This act shall take effect and be in force from and after July 1, 2013.