OPRHP Law § 25.23, Duties and liability for negligence.

§ 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.


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