Title 16 — Practice, Procedure, And Courts

This subchapter shall be known and may be cited as the “Arkansas Cycling Activities Act”.

(1) As used in this subchapter:(1) “Bicycle” means a:(A) Two-wheeled vehicle with a rear drive wheel that is solely human-powered; or(B) Two-wheeled or three-wheeled vehicle with:(i) Fully operable pedals and an electric motor of less than seven hundred fifty watts (750 W); and(i…

(1) Except as provided in § 16-120-1004(2):(1) (A) A participant assumes the inherent risk of a cycling activity by engaging in the cycling activity.(B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from a b…

(1) This subchapter does not:(1) Apply to a relationship between an employer and an employee under the Workers' Compensation Law, § 11-9-101 et seq.; or(2) Prevent or limit the liability of a bicycle outfitter or the bicycle outfitter's agent that:(A) Intentionally injures a part…

The limitation of liability provided by this subchapter is in addition to any other limitation of liability provided by law.

A bicycle outfitter shall post and maintain signage in a clearly visible location at or near where the bicycle outfitter conducts cycling activities and in black letters at least one inch (1″) high containing the following warning:“WARNING — Under Arkansas law, § 16-120-1003, the…

This subchapter shall be known and may be cited as the “Property Owner's Right to Allow Firearms Act”.

The purpose of this subchapter is to protect a property owner from civil liability if the property owner generally allows nonemployees to carry firearms on the property owner's property.

(1) As used in this subchapter:(1) “Firearm” means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;(2) “Nonemployee” means an individual:(A) Not employed by the property owner; and(B) Not a pr…

(a) If a property owner allows for all nonemployees on the property to carry a loaded firearm, the property owner is not subject to civil liability for any damage, injury, or death resulting from a nonemployee using a loaded firearm on or near the property. (b) The fact that a pr…

(a) A property owner may prohibit an individual from carrying a loaded firearm on the property and remain protected from civil liability under § 16-120-1204 if the individual:(1) Is legally prohibited from carrying a firearm under § 5-73-103;(2) Has been convicted of an offense i…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Equine” means a horse, pony, mule, donkey, or hinny;(2) “Equine activity” means:(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equi…

(a) (1) Except as provided in subdivision (a)(2) of this section, an equine activity sponsor, an employee of an equine activity sponsor, a livestock sponsor, an employee of a livestock sponsor, a livestock owner, a livestock facility, or a livestock auction market is not liable f…

(1) If a person while committing a felony is injured or his or her property damaged, the person who causes such injury or damage shall not be liable for damages nor subject to suit for the injury or damage, provided that:(1) The person causing such injury or damage has not acted …

(a) A person is immune from civil action for the use of deadly physical force against another person who is an initial aggressor if the use of the deadly physical force was in accordance with § 5-2-607. (b) A court shall award reasonable attorney's fees, costs, and trial-related …

No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony.

Any person or entity who, at the request of any city, county, or state agency, supplies specialized equipment or personnel in response to an emergency shall not be liable for any civil damages for good faith acts or omissions, provided that the services or equipment was provided …

(1) As used in this section:(1) “Church or other place of worship” means a physical location where persons congregate to practice a religion; and(2) “Polling site” means the same as defined in § 7-1-101. (1) “Church or other place of worship” means a physical location where perso…

A church or other place of worship is entitled to tort immunity as provided in §§ 16-120-503 and 16-120-504 during the time the church or other place of worship is used as a polling site.

A church or other place of worship or its agent is not vicariously liable for the negligence of another person on the property of the church or other place of worship during the time the church or other place of worship is used as a polling site.

(1) A church or other place of worship is not liable for damages for personal injury, death, or property damage sustained by a person on the property of the church or other place of worship during the time the church or other place of worship is used as a polling site except as f…

This subchapter is supplemental to and does not affect any tort immunity or charitable immunity a church or other place of worship may otherwise have under the law.

This subchapter shall be known and may be cited as the “Successor Corporation Asbestos-Related Liability Fairness Act”.

(1) The General Assembly finds that:(1) Asbestos-related claims threaten the continued viability of uniquely situated companies that have never manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations;(2) The viability of thes…

(1) As used in this subchapter:(1) “Asbestos claim” means any civil cause of action, wherever or whenever made, arising out of, based on, or in any way related to asbestos, including the health effects of exposure to asbestos or the installation, presence, or removal of asbestos,…

(a) A successor is not liable for any asbestos claim when the successor's cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. (b) If the transferor had…

(a) A successor may establish the fair market value of total gross assets for the purpose of § 16-120-604 through any method reasonable under the circumstances, including:(1) By reference to the growing concern value of the assets or to the purchase price attributable to or paid …

(a) Except as provided in subsections (b)-(d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:(1) The prime rate as listed in the first edition of the Wall Street Journal…

The General Assembly has determined that nonprofit corporations serve important functions in providing services and assistance to persons in the state and that, in order for these nonprofit corporations to function effectively, persons serving on the board of directors should not…

(a) Except as otherwise provided by this subchapter, no member of any board, commission, agency, authority, or other governing body of any governmental entity and no member of the board of directors of a nonprofit corporation that holds a valid federal income tax exemption issued…

(a) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations or members of boards, commissions, agencies, authorities, or other governing bodies of any governmental entity which constitute ordinary or gross negligence p…

If a nonprofit corporation transfers assets to a member of the board of directors of the corporation or to another nonprofit corporation in order to avoid claims against corporate assets resulting from a judgment rendered as a result of a suit to recover damages for the negligenc…

(a) As used in this section:(1) “Donor department” means any fire department in Arkansas, including a:(A) Fire department for a suburban improvement district or a subordinate service district of a county;(B) Fire protection district;(C) Municipal fire department; or(D) Volunteer …

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under § 11-5-117 o…

(a) (1) As used in this section, “agricultural equipment or off-road vehicle” means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose.(2) “Agricultural equipment or off-road vehicle” include…

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's actions involving a handgun lawfully possessed by an emergency medical technician under …

(a) As used in this section:(1) “Federal firearms licensee” means a person licensed under 18 U.S.C. §§ 921-934, as they existed on January 1, 2024;(2) “Firearm” means the same as defined in § 5-1-102; and(3) “Firearm hold agreement” means a transaction between a federal firearms …

(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…

(a) As used in this section:(1) (A) “Alternative nicotine product” means a product that consists of or contains nicotine from any source that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means.(B) “Alte…

(1) As used in this subchapter:(1) “Civil action for wrongful birth” means a cause of action that is brought by a parent or other person who is legally required to provide for the support of a child, seeking economic or noneconomic damages for the child because of a condition tha…

(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born. (b) A person is not liable for damages in a civil action for wrongful life based on a cl…