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Wednesday, December 15, 2004
Ca. Gov. Code Sec. 831.7
Hazardous recreational activity list
There is a California legal code which can cover freestyle and BMX. The “Hazardous recreational activity” list in California includes… “bicycle racing or jumping, mountain bicycling,”…
This law can be used to protect the cities from liability at skateparks and dirt jumps. Be sure to point this out to the park planners or government representatives when you are proposing a new park or requesting bike access to current parks. Often cities avoid building skateparks or allowing bike access because they are afraid of being sued by injured riders and their parents. This law means that if a rider is injured at a park he cannot blame the city and collect money.
Also, this is what we have discovered in the California laws. Anyone who has info about laws in other states, please let us know. If you discover your state does not have something that applies to BMX and freestyle in this manner then go ahead with requests to your representatives for similar laws.
(Ca. Gov. Code Sec. 831.7)
831.7.
(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.(b) As used in this section, “hazardous recreational activity” means a recreational activity conducted on property of a public entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator.
“Hazardous recreational activity” also means: …
(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving…
Brett, I am emailing you separately info on Virgina & Maryland that I forgot I had.
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