Liability for shooting sports events — Definition

Ark. Code Ann. § 16-120-806 — under Immunity from Tort Liability.

Ark. Code Ann. § 16-120-806

(a) As used in this section, “shooting sports event” means an:(1) Event sponsored by the Arkansas State Game and Fish Commission, the Arkansas Game and Fish Foundation, or Arkansas 4-H Foundation, Incorporated; and(2) Instance in which an owner of land or person in control of the premises, directly or indirectly, invites or permits without charge a person or organization to use his or her property for the purposes of participating in or practice for an Arkansas State Game and Fish Commission, Arkansas Game and Fish Foundation, or Arkansas 4-H Foundation Program registered team.

(1) Event sponsored by the Arkansas State Game and Fish Commission, the Arkansas Game and Fish Foundation, or Arkansas 4-H Foundation, Incorporated; and

(2) Instance in which an owner of land or person in control of the premises, directly or indirectly, invites or permits without charge a person or organization to use his or her property for the purposes of participating in or practice for an Arkansas State Game and Fish Commission, Arkansas Game and Fish Foundation, or Arkansas 4-H Foundation Program registered team.

(b) (1) Except as provided in subdivision (b)(2) of this section, a host of a shooting sports event is not liable for an injury to or the death of a participant resulting from the inherent risks of a shooting sports event.(2) Subdivision (b)(1) of this section does not prevent or limit the liability of a host of a shooting sports event:(A) That provides the shooting equipment and knows or should know that the shooting equipment is faulty to the extent that the shooting equipment caused injury or death;(B) That provides the shooting equipment and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in the shooting sports event or to determine the ability of a participant to engage safely in the shooting sports event and to safely manage the particular shooting equipment based on the participant's representation of his or her ability;(C) That owns, leases, rents, or otherwise is in lawful possession and control of the facility at which a participant sustains an injury or dies because of a dangerous latent condition at the facility that is known or should have been known to the host of a shooting sports event and for which warning signs had not been conspicuously posted;(D) That commits an act or omission that:(i) Constitutes willful or wanton disregard for the safety of a participant; and(ii) Causes an injury or death;(E) That intentionally injures or causes the death of a participant; or(F) Under products liability laws.

(1) Except as provided in subdivision (b)(2) of this section, a host of a shooting sports event is not liable for an injury to or the death of a participant resulting from the inherent risks of a shooting sports event.

(2) Subdivision (b)(1) of this section does not prevent or limit the liability of a host of a shooting sports event:(A) That provides the shooting equipment and knows or should know that the shooting equipment is faulty to the extent that the shooting equipment caused injury or death;(B) That provides the shooting equipment and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in the shooting sports event or to determine the ability of a participant to engage safely in the shooting sports event and to safely manage the particular shooting equipment based on the participant's representation of his or her ability;(C) That owns, leases, rents, or otherwise is in lawful possession and control of the facility at which a participant sustains an injury or dies because of a dangerous latent condition at the facility that is known or should have been known to the host of a shooting sports event and for which warning signs had not been conspicuously posted;(D) That commits an act or omission that:(i) Constitutes willful or wanton disregard for the safety of a participant; and(ii) Causes an injury or death;(E) That intentionally injures or causes the death of a participant; or(F) Under products liability laws.

(A) That provides the shooting equipment and knows or should know that the shooting equipment is faulty to the extent that the shooting equipment caused injury or death;

(B) That provides the shooting equipment and fails to make reasonable and prudent efforts to determine the ability of a participant to engage safely in the shooting sports event or to determine the ability of a participant to engage safely in the shooting sports event and to safely manage the particular shooting equipment based on the participant's representation of his or her ability;

(C) That owns, leases, rents, or otherwise is in lawful possession and control of the facility at which a participant sustains an injury or dies because of a dangerous latent condition at the facility that is known or should have been known to the host of a shooting sports event and for which warning signs had not been conspicuously posted;

(D) That commits an act or omission that:(i) Constitutes willful or wanton disregard for the safety of a participant; and(ii) Causes an injury or death;

(i) Constitutes willful or wanton disregard for the safety of a participant; and

(ii) Causes an injury or death;

(E) That intentionally injures or causes the death of a participant; or

(F) Under products liability laws.

(c) (1) (A) A host of a shooting sports event shall post and maintain signs that contain the warning notice specified in subdivision (c)(2) of this section.(B) The signs required under subdivision (c)(1)(A) of thissection shall be placed in a clearly visible location at the facility or location where the host of a shooting sports event conducts the shooting sports event.(C) The warning notice specified in subdivision (c)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1”) in height.(2) The signs described in subdivision (c)(1) of this section shall contain the following warning notice:“WARNINGUnder Arkansas law, a host of a shooting sports event is not liable for an injury to or the death of a participant in a shooting sports event resulting from the inherent risk of shooting sports events.”

(1) (A) A host of a shooting sports event shall post and maintain signs that contain the warning notice specified in subdivision (c)(2) of this section.(B) The signs required under subdivision (c)(1)(A) of thissection shall be placed in a clearly visible location at the facility or location where the host of a shooting sports event conducts the shooting sports event.(C) The warning notice specified in subdivision (c)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1”) in height.

(A) A host of a shooting sports event shall post and maintain signs that contain the warning notice specified in subdivision (c)(2) of this section.

(B) The signs required under subdivision (c)(1)(A) of this

section shall be placed in a clearly visible location at the facility or location where the host of a shooting sports event conducts the shooting sports event.

(C) The warning notice specified in subdivision (c)(2) of this section shall appear on the sign in black letters with each letter to be a minimum of one inch (1”) in height.

(2) The signs described in subdivision (c)(1) of this section shall contain the following warning notice:

“WARNING

Under Arkansas law, a host of a shooting sports event is not liable for an injury to or the death of a participant in a shooting sports event resulting from the inherent risk of shooting sports events.”