Title 16, Practice, Procedure, And Courts

(a) As used in this section:(1) “Commercial property” means:(A) A business property;(B) Agricultural or timber production operations, including buildings and all outdoor areas that are not open to the public; and(C) Residential property used for business purposes; and(2) “Nonpubl…

(a) In addition to any other cause of action available to a person, a person who suffers injury to himself or herself or to his or her property as a direct or indirect result of:(1) An act of obstructing or interfering with emergency medical personnel or a first responder, § 5-60…

(1) An employer or employee who knowingly violates § 11-5-117 is liable to the prevailing party in an action brought under this section and, upon proving the prevailing party's case by clear and convincing evidence, is entitled to one (1) or more of the following remedies:(1) Equ…

(a) A person who knowingly commits or attempts to commit unlawful female genital mutilation of a minor as described in § 5-14-136 is liable to the victim of the unlawful female genital mutilation. (b) A person who knowingly directs or assists another person to violate or attempt …

(a) As used in this section:(1) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and(2) “Human reproductive material” means…

(a) As used in this section:(1) “Disability” means that a person was determined legally to have a disability or determined medically to have a disability by a medical or mental health provider at the time of the alleged wrongful conduct and was unable to give legal consent;(2) “M…

(a) As used in this section, “malice” means a specific intent by a person to cause substantial injury or harm to an owner or tenant of private real property. (b) An owner or tenant of private real property may bring an action against a person who, in violation of § 5-60-103, capt…

(a) As used in this section:(1) “Business” means a corporation, partnership, sole proprietorship, limited liability corporation, or other business entity organized under the laws of this state; and(2) “Involved in a prostitution violation” means to the knowledge of an owner, a ma…

(a) The Attorney General may institute a civil action on behalf of the state against a provider or developer of image generation technology that was used to create deepfake visual material in violation of § 5-14-139 if:(1) The deepfake visual material that was created in violatio…

Nothing in this chapter shall be so construed as to hinder or prevent any lost, burned, or destroyed records, papers, or proceedings from being reinstated and reestablished by any other mode known to or recognized by laws existing prior to January 10, 1857, should the other mode …

In adjudicating upon any petition filed under the provisions of this chapter, similar proceedings shall be had as upon any other cases pending in the court with the same right of appeal and of suing out writs of error to the high legal tribunals.

(a) If any person or persons, either in the person's or persons' own right or as guardian or guardians, executor or executors, or administrator or administrators, have obtained any allowance, judgment, or decree, either for money or any kind of property, or for the performance of…

(1) No reinstating order, sentence, or decree shall be rendered by the court, unless:(1) The petition is verified by affidavit and has been filed in the office of the clerk of the court thirty (30) days previous to the term of the court at which the application is intended to be …

(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interest…

(a) In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the…

(a) (1) In all cases in which any married woman availed herself of the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514 and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§ 9-11-501 and 9-11-509 — 9-11-…

(a) In all cases relating to executorships, administrations, and guardianships in which the bonds of the executors, administrators, or guardians were lost, destroyed, or burned, it shall be the duty of the circuit court of the county to require all the executors, administrators, …

A duly certified copy of the record of any instrument, order, judgment, or decree made by virtue of this chapter shall be received in evidence in any of the courts of this state, without any further proof thereof, and shall be prima facie evidence of the loss, destruction, or bur…

(a) The county courts of the various counties of the state are authorized to have transcribed into well-bound books, suitable for that purpose, provided by the county courts, all records contained in books that, in the opinion of the county courts, are in a condition unfit for pr…

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 …