Section 25.23. Duties and liability for negligence  


Latest version.
  • 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.