Legislation
SECTION 25.23
Duties and liability for negligence
Parks, Recreation and Historic Preservation (PAR) CHAPTER 36-B, TITLE D, ARTICLE 25
§ 25.23 Duties and liability for negligence. 1. Negligence in the use
or operation of a snowmobile shall be attributable to the owner. Every
owner of a snowmobile used or operated in this state shall be liable and
responsible for death or injury to person or damage to property
resulting from negligence in the use or operation of such snowmobile by
any person using or operating the same with the permission, express or
implied, of such owner, provided, however, that such operator's
negligence shall not be attributed to the owner as to any claim or cause
of action accruing to the operator or his legal representative for such
injuries or death.
2. Duties of snowmobile owners and operators. It is recognized that
snowmobiling is a voluntary activity that may be hazardous. It shall be
the duty of snowmobile owners and operators:
(a) To keep their snowmobiles in proper working order.
(b) To follow any and all other rules of conduct as are prescribed
pursuant to section 25.03 of this article.
(c) Not to operate a snowmobile in any area not designated for
snowmobiling.
(d) Not to operate a snowmobile in a manner beyond their limits or
ability and speed to overcome variations in trail conditions and
configuration and surface or subsurface conditions which may be caused
or altered by weather, slope or trail maintenance work or snowmobile
use.
(e) To familiarize themselves with signage and trail markers before
operating.
(f) Not to snowmobile on a trail or portion thereof that has been
designated as "closed".
(g) Not leave the scene of any accident resulting in personal injury
to another party until such time as assistance arrives, except for the
purpose of summoning aid.
(h) Not to willfully stop on any trail where such stopping is likely
to impede the use of that trail by others.
(i) Not to willfully remove, deface, alter or otherwise damage
signage, warning devices or implements, or other safety devices.
or operation of a snowmobile shall be attributable to the owner. Every
owner of a snowmobile used or operated in this state shall be liable and
responsible for death or injury to person or damage to property
resulting from negligence in the use or operation of such snowmobile by
any person using or operating the same with the permission, express or
implied, of such owner, provided, however, that such operator's
negligence shall not be attributed to the owner as to any claim or cause
of action accruing to the operator or his legal representative for such
injuries or death.
2. Duties of snowmobile owners and operators. It is recognized that
snowmobiling is a voluntary activity that may be hazardous. It shall be
the duty of snowmobile owners and operators:
(a) To keep their snowmobiles in proper working order.
(b) To follow any and all other rules of conduct as are prescribed
pursuant to section 25.03 of this article.
(c) Not to operate a snowmobile in any area not designated for
snowmobiling.
(d) Not to operate a snowmobile in a manner beyond their limits or
ability and speed to overcome variations in trail conditions and
configuration and surface or subsurface conditions which may be caused
or altered by weather, slope or trail maintenance work or snowmobile
use.
(e) To familiarize themselves with signage and trail markers before
operating.
(f) Not to snowmobile on a trail or portion thereof that has been
designated as "closed".
(g) Not leave the scene of any accident resulting in personal injury
to another party until such time as assistance arrives, except for the
purpose of summoning aid.
(h) Not to willfully stop on any trail where such stopping is likely
to impede the use of that trail by others.
(i) Not to willfully remove, deface, alter or otherwise damage
signage, warning devices or implements, or other safety devices.