reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-109 - Restoration of bonds of executors, administrators, or guardians

(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, or guardians who have not already done so to file in the circuit court a report in which they shall set forth, as far as possible, their proceedings in their executorships, administrations, or guardianships, the amount and conditions of their bonds originally given, and the names of their securities.
(b)
After the filing of the report, the circuit court shall immediately order the clerk to issue citations against all the securities named in the report as having been signers of the executor's, administrator's, or guardian's bond, which citations shall command the securities to appear before the circuit court on or before the date specified therein and show cause why the bonds so reported should not be established and reinstated upon the records of the circuit court with like effect as the original bond.
(c)
At the return term of the citation, the circuit court shall proceed to hear the allegations and proofs of the parties in case opposition is made to the reinstating of the bond, and shall determine the same as the right thereof shall appear.
(d)
If no opposition is made or if the finding of the circuit court shall be against the obligors in the bond, then the circuit court shall order that the copy set forth in the report be reinstated as the original bond, and the copy of the bond shall be recorded by the circuit clerk in the book kept by the circuit clerk in his or her office for that purpose, with a copy of the order reinstating the bond.
(e)
No such order shall be entered in any case unless the securities have had thirty (30) days' notice before the commencement of the term of the circuit court at which the citation is returnable.
(f)
Any executor, administrator, or guardian who fails to make any report as specified in this section, when required to do so by order of the probate division of the circuit court of the county, within thirty (30) days after the making and entering of the order, and being notified of the order, shall incur the same pains and penalties that are prescribed by law for failure to make any settlement required by existing laws. The probate division of the circuit court, at the next succeeding term after such a failure, shall revoke the executor's, administrator's, or guardian's letters, and the executor's, administrator's, or guardian's powers shall thenceforth cease.
Acts 1855, § 6, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8350; Pope's Dig., §§ 10938, 10946; A.S.A. 1947, §§ 16-408, 16-411, 16-412; Acts 2003, No. 1185, § 249.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-110 - Certified copies of restored record admissible as evidence

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 burning of the original upon which the record, order, judgment, or decree is based, and of the contents thereof.
Acts 1855, § 8, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8352; Pope's Dig., §§ 10938, 10948; A.S.A. 1947, §§ 16-410 -- 16-412.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 119 - PRESERVATION AND RESTORATION OF RECORDS (§§ 16-119-101 — 16-119-111) › Section 16-119-111 - Record books unfit for preservation - Transcriptions to take place of originals

(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 preservation.
(b)
The transcript, after being submitted to the county court, examined, compared, and adopted, shall take the place of and be regarded as the original record and, as such, shall be deposited with other records in the office of the county court.
Acts 1868, No. 54, §§ 1, 2, p. 199; C. & M. Dig., §§ 8353, 8354; Pope's Dig., §§ 10949, 10950; A.S.A. 1947, §§ 16-401, 16-402.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 2 - EQUINE AND LIVESTOCK ACTIVITIES (§§ 16-120-201 — 16-120-202) › Section 16-120-201 - Definitions

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 equine disciplines, including without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;
(B)
Equine training and teaching activities;
(C)
Boarding equines;
(D)
Riding, inspecting, or evaluating an equine belonging to another person regardless of whether the owner receives monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and
(E)
Rides, hunts, or other equine activities, however informal or impromptu;
(3)
"Equine activity sponsor" means an individual or legal entity that sponsors, organizes, or provides facilities for an equine activity;
(4)
"Livestock" means swine, bovine, sheep, and goats;
(5)
"Livestock activity" means the following:
(A)
Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of livestock;
(B)
A livestock show, fair, competition, or auction;
(C)
A livestock training or teaching activity;
(D)
Boarding livestock; and
(E)
Inspecting or evaluating livestock;
(6)
"Livestock facility" means a property or facility at which a livestock activity is held;
(7)
"Livestock owner" means a person who owns livestock that is involved in a livestock activity;
(8)
"Livestock sponsor" means an individual or legal entity that sponsors, organizes, or provides facilities for a livestock activity; and
(9)
"Participant" means a person, whether amateur or professional, who engages in an equine activity or a livestock activity regardless of whether a fee is paid to participate in the equine activity or livestock activity.
Amended by Act 2013, No. 430,§ 1, eff. 8/16/2013.
Acts 1991, No. 103, § 1; 1995, No. 353, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 3 - INJURIES SUFFERED WHILE COMMITTING A FELONY (§§ 16-120-301 — 16-120-303) › Section 16-120-301 - Injury or damage to person committing felony

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 with malice;
(2)
The person committing the felony has not clearly retreated from the felonious activity;
(3)
The person causing such injury or damage has not prearranged a trap that would automatically inflict injury or damage to any person entering a certain location; and
(4)
The act causing the injury or damage was the result of or in response to the commission of the felony.
Acts 1993, No. 588, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 3 - INJURIES SUFFERED WHILE COMMITTING A FELONY (§§ 16-120-301 — 16-120-303) › Section 16-120-302 - Use of deadly physical force

(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 expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section.
Added by Act 2015, No. 1073,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 3 - INJURIES SUFFERED WHILE COMMITTING A FELONY (§§ 16-120-301 — 16-120-303) › Section 16-120-303 - Attempting to protect persons during commission of a felony

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.
Acts 1981, No. 884, § 1; A.S.A. 1947, § 41-507.2; Acts 2005, No. 1994, § 480.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 4 - EMERGENCY MEDICAL TREATMENT (§ 16-120-401) › Section 16-120-401 - Exemption for requested assistance

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 without compensation and at the place of the emergency.
Acts 1993, No. 1191, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 5 - CHARITABLE IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP (§§ 16-120-501 — 16-120-505) › Section 16-120-501 - Definitions

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
.
Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 5 - CHARITABLE IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP (§§ 16-120-501 — 16-120-505) › Section 16-120-502 - Charitable immunity for a church or other place of worship that is used as a polling site

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.
Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 5 - CHARITABLE IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP (§§ 16-120-501 — 16-120-505) › Section 16-120-503 - Church or other place of worship not vicariously liable

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.
Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 5 - CHARITABLE IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP (§§ 16-120-501 — 16-120-505) › Section 16-120-504 - Nonliability for damages - Exceptions

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 follows:
(1)
If the church or other place of worship is covered by a policy of insurance, in which case liability for ordinary negligence is limited to the amount of insurance coverage provided by the policy of insurance; or
(2)
If the church or other place of worship or its agent acts in bad faith or acts grossly negligent, recklessly, or intentionally.
Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 5 - CHARITABLE IMMUNITY FOR A CHURCH OR OTHER PLACE OF WORSHIP (§§ 16-120-501 — 16-120-505) › Section 16-120-505 - Subchapter supplemental

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.
Added by Act 2013, No. 1118,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 6 - SUCCESSOR CORPORATION ASBESTOS - RELATED LIABILITY FAIRNESS ACT (§§ 16-120-601 — 16-120-606) › Section 16-120-601 - Title

This subchapter shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act".
Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 6 - SUCCESSOR CORPORATION ASBESTOS - RELATED LIABILITY FAIRNESS ACT (§§ 16-120-601 — 16-120-606) › Section 16-120-602 - Legislative findings

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 these businesses is threatened due solely to their status as successor corporations by merger or consolidation based on actions taken prior to the 1972 adoption of asbestos regulations by the United States Occupational Safety and Health Administration;
(3)
Over twenty (20) other states have enacted legislation similar to this subchapter to provide limits on successor asbestos-related liabilities for innocent successors; and
(4)
The public interest as a whole is best served by limiting the successor asbestos-related liabilities of innocent successors so that they may remain viable.
Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 6 - SUCCESSOR CORPORATION ASBESTOS - RELATED LIABILITY FAIRNESS ACT (§§ 16-120-601 — 16-120-606) › Section 16-120-603 - Definitions

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, and includes a claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person;
(2)
"Corporation" means a for-profit corporation, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state;
(3)
"Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities, which is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors;
(4)
(A)
"Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation.
(B)
"Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under §
16-120-604
were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and
(5)
"Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 6 - SUCCESSOR CORPORATION ASBESTOS - RELATED LIABILITY FAIRNESS ACT (§§ 16-120-601 — 16-120-606) › Section 16-120-604 - Limit on successor asbestos-related liabilities

(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 assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) of this section.
(c)
A successor does not have immunity under this section with respect to:
(1)
Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, §
11-9-101
et seq., or a comparable workers' compensation law of another jurisdiction;
(2)
A claim that does not constitute a successor asbestos-related liability;
(3)
An obligation under the National Labor Relations Act,
29 U.S.C. § 151
et seq., as it existed on January 1, 2015, or under any collective bargaining agreement; or
(4)
If the successor, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 6 - SUCCESSOR CORPORATION ASBESTOS - RELATED LIABILITY FAIRNESS ACT (§§ 16-120-601 — 16-120-606) › Section 16-120-605 - Establishing fair market value of total gross assets

(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 for the assets in an arm's-length transaction; or
(2)
In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b)
Total gross assets under subsection (a) of this section include intangible assets.
(c)
(1)
To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of the insurance shall not be affected by this section nor shall this section otherwise affect the rights and obligations of an insurer, transferor, or successor under an insurance contract or any related agreements, including without limitation preenactment settlements resolving coverage-related disputes and the rights of an insurer to:
(A)
Seek payment for:
(i)
Applicable deductibles;
(ii)
Retrospective premiums; or
(iii)
Self-insured retentions; or
(B)
Seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable.
(2)
Without limiting subdivision (c)(1)(A) of this section, to the extent total gross assets include any liability insurance, a settlement of a dispute concerning any liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before January 1, 2020, shall be determinative of the total coverage of the liability insurance to be included in the calculation of the transferor's total gross assets.
Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 6 - SUCCESSOR CORPORATION ASBESTOS - RELATED LIABILITY FAIRNESS ACT (§§ 16-120-601 — 16-120-606) › Section 16-120-606 - Adjustment

(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 published for each calendar year since the merger or consolidation unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and
(2)
One percent (1%).
(b)
The rate under subsection (a) of this section shall not be compounded.
(c)
The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d)
An adjustment of the fair market value of total gross assets shall not be applied to liability insurance that may be included in the definition of total gross assets by §
16-120-605(c)
.
Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 7 - GOVERNING BODIES OF GOVERNMENTAL ENTITIES AND NONPROFIT CORPORATIONS (§§ 16-120-701 — 16-120-704) › Section 16-120-701 - Legislative determination

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 be subject to vicarious liability for the negligence of corporate employees or other directors. The General Assembly has further determined that potential exposure to vicarious liability has a detrimental effect on the participation of persons as directors of nonprofit corporations and that providing immunity to directors of those corporations for certain types of liability will be in the best interest of the state and that the same immunity should be extended to members of governing bodies of governmental entities.
Acts 1987, No. 970, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 7 - GOVERNING BODIES OF GOVERNMENTAL ENTITIES AND NONPROFIT CORPORATIONS (§§ 16-120-701 — 16-120-704) › Section 16-120-702 - Persons granted immunity

(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 by the Internal Revenue Service shall be held personally liable for damages resulting from:
(1)
Any negligent act or omission of an employee of the nonprofit corporation or governmental entity; or
(2)
Any negligent act or omission of another director or member of the governing body of the governmental entity.
(b)
The same immunity provided by this subchapter shall be extended to any athletic official during the officiating of an interscholastic, intercollegiate, or any other amateur athletic contest being conducted under the auspices of a nonprofit or governmental entity. No official shall be held personally liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts of commission or omission arising out of officiating duties and activities. Nothing in this subsection shall be deemed to grant immunity to any person causing damage by his or her malicious, willful, wanton, or grossly negligent act.
Acts 1987, No. 970, §§ 2, 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 7 - GOVERNING BODIES OF GOVERNMENTAL ENTITIES AND NONPROFIT CORPORATIONS (§§ 16-120-701 — 16-120-704) › Section 16-120-703 - Exceptions to immunity grant

(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 personal to the director or member or to intentional torts committed by a director or member.
(b)
The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations which are licensed or permitted by the Alcoholic Beverage Control Division to dispense alcoholic beverages, beer, or wine.
(c)
Nothing in this subchapter shall be construed to limit the liability of a nonprofit corporate entity itself for damages resulting from any negligent act or omission of an employee of the nonprofit corporation.
Acts 1987, No. 970, §§ 4, 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 7 - GOVERNING BODIES OF GOVERNMENTAL ENTITIES AND NONPROFIT CORPORATIONS (§§ 16-120-701 — 16-120-704) › Section 16-120-704 - Transfer of assets to avoid claims

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 negligence of the corporation, a corporate employee or a director, the director to whom the asset is transferred, or any director of the corporation from which assets are transferred to avoid those claims may be held personally liable for any judgment rendered. The immunity provided by this subchapter shall be of no force or effect.
Acts 1987, No. 970, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 8 - MISCELLANEOUS GRANTS OF TORT IMMUNITY (§§ 16-120-801 — 16-120-804) › Section 16-120-801 - Donors of firefighting equipment not liable - Exception - Definitions

(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 fire department; and
(2)
"Firefighting equipment" means any personal property owned by a donor department that is used for firefighting services or training, emergency medical services, or rescue services.
(b)
The provisions of this section shall govern the good faith donations of firefighting equipment that is:
(1)
Not sold for its full fair market value;
(2)
Declared surplus equipment as no longer needed for the donor department's use; or
(3)
Completely depreciated in book value as a property item in the donor department's inventory.
(c)
All other provisions of law notwithstanding, a good faith donor of firefighting equipment that is serviceable and fit for use at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or redistribution at a nominal cost to other fire departments or is donated directly to another fire department shall not be subject to criminal or civil liability arising from an injury or death due to the condition of the firefighting equipment, except as provided under §
21-9-301
.
Acts 2003, No. 1075, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 8 - MISCELLANEOUS GRANTS OF TORT IMMUNITY (§§ 16-120-801 — 16-120-804) › Section 16-120-802 - Possession of concealed handgun in parking lot

(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
or from allowing a person to enter the private employer's place of business or parking lot under §
11-5-117
, including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions.
(b)
Employees shall, within twenty-four (24) hours of obtaining knowledge of a theft occurring on a private employer's private parking lot, report a handgun as lost or stolen to the private employer and a local law enforcement agency with jurisdiction.
(c)
A handgun possessed in a parking lot does not solely constitute a failure on the part of a private employer to provide a safe workplace.
(d)
(1)
A private employer may terminate any employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle.
(2)
A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in §
16-118-115
, except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's motor vehicle to another part of the employee's motor vehicle or employee's person.
Amended by Act 2021, No. 809,§ 5, eff. 7/28/2021.
Added by Act 2017, No. 1071,§ 5, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 8 - MISCELLANEOUS GRANTS OF TORT IMMUNITY (§§ 16-120-801 — 16-120-804) › Section 16-120-803 - Immunity for owners of stolen agricultural equipment or off-road vehicles - Definition

(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" includes:
(A)
An all-terrain vehicle as defined in §
27-21-102
;
(B)
A vehicle designed to be used for agricultural purposes, such as a tractor; and
(C)
A riding lawnmower.
(3)
"Agricultural equipment or off-road vehicle" does not include:
(A)
A motor vehicle designed and used for a medical purpose;
(B)
A motor vehicle designed to be used by an individual with a physical disability to assist in walking;
(C)
A motorized scooter or other vehicle designed to be used as a toy by a child;
(D)
A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.);
(E)
An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or
(F)
A device moved by human power or used exclusively upon stationary rails or tracks.
(b)
An owner of agricultural equipment or an off-road vehicle that is stolen or unlawfully appropriated by another person who commits a criminal offense using the agricultural equipment or off-road vehicle is not liable in a civil action for damages, injuries, or death resulting from or arising out of the use of the agricultural equipment or off-road vehicle in the commission of the criminal offense.
Added by Act 2019, No. 518,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 8 - MISCELLANEOUS GRANTS OF TORT IMMUNITY (§§ 16-120-801 — 16-120-804) › Section 16-120-804 - Possession of concealed handgun by emergency medical technician

(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 §
12-15-202
, when the employee is the emergency medical technician, including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions.
(b)
A concealed handgun lawfully possessed by an emergency medical technician does not solely constitute a failure on the part of a private employer to provide a safe workplace.
(c)
A private employer may terminate an emergency medical technician for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle.
Added by Act 2021, No. 948,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 9 - WRONGFUL BIRTH CIVIL LIABILITY PROTECTION ACT (§§ 16-120-901 — 16-120-902) › Section 16-120-901 - Definitions

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 that existed at the time of the birth of the child and which is based on a claim that the act or omission of a person contributed to the child's being born; and
(2)
"Civil action for wrongful life" means a cause of action that is brought by or on behalf of a child, seeking economic or noneconomic damages for the child because of a condition that existed at the time of the birth of the child and which is based on a claim that the act or omission of a person contributed to the child's being born.
Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 9 - WRONGFUL BIRTH CIVIL LIABILITY PROTECTION ACT (§§ 16-120-901 — 16-120-902) › Section 16-120-902 - Wrongful birth claims - Wrongful life claims

(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 claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.
(c)
This section:
(1)
Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition;
(2)
Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and
(3)
Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.
Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 10 - ARKANSAS CYCLING ACTIVITIES ACT (§§ 16-120-1001 — 16-120-1006) › Section 16-120-1001 - Title

This subchapter shall be known and may be cited as the "Arkansas Cycling Activities Act".
Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 10 - ARKANSAS CYCLING ACTIVITIES ACT (§§ 16-120-1001 — 16-120-1006) › Section 16-120-1002 - Definitions

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
(ii)
A maximum speed of less than twenty miles per hour (20 m.p.h.) on a paved level surface when powered solely by an electric motor and ridden by an operator who weighs one hundred seventy pounds (170 lbs.);
(2)
"Bicycle outfitter" means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or organized agent, that sponsors, organizes, rents, or provides to a participant the use of a bicycle;
(3)
"Cycling activity" means riding a bicycle on a road, trail, path, or other surface for:
(A)
Competition, exercise, or other undertaking that involves a bicycle;
(B)
A training or teaching activity; or
(C)
A ride, trip, or other activity that is sponsored by a bicycle outfitter;
(4)
"Inherent risk of a cycling activity" means the dangers or conditions that are an integral part of cycling activities on the roads, trails, paths, or other surfaces of the state, including without limitation:
(A)
Injury or death caused by:
(i)
A change or variation in the surface which may cause a participant to lose control, lose his or her balance, or crash the bicycle;
(ii)
A collision with a natural or man-made object on or adjacent to the cycling surface, including without limitation a:
(a)
Tree;
(b)
Rock; or
(c)
Tree stump; or
(iii)
A collision with a pedestrian, a vehicle, or another cyclist;
(B)
Weather-related illnesses or conditions, including without limitation:
(i)
Hypothermia;
(ii)
Frostbite;
(iii)
Heat exhaustion;
(iv)
Heat stroke; or
(v)
Dehydration;
(C)
An act of nature, including without limitation:
(i)
Falling rocks;
(ii)
Inclement weather;
(iii)
Thunder and lightning;
(iv)
Severe or varied temperatures;
(v)
Winds; or
(vi)
Tornadoes;
(D)
Operator error, including equipment failure due to operator error;
(E)
Attack or injury by an animal; or
(F)
The aggravation of an injury, illness, or condition because the injury, illness, or condition occurred in a remote place where medical facilities are not available; and
(5)
"Participant" means a person who rents, leases, or uses a bicycle provided by a bicycle outfitter whether or not a fee is paid.
Amended by Act 2021, No. 475,§ 22, eff. 7/28/2021.
Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 10 - ARKANSAS CYCLING ACTIVITIES ACT (§§ 16-120-1001 — 16-120-1006) › Section 16-120-1003 - Liability of a bicycle outfitter

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 bicycle outfitter for the loss or damage or injury to or the death of the participant resulting from the inherent risk of a cycling activity; and
(2)
A bicycle outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of a cycling activity.
Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 10 - ARKANSAS CYCLING ACTIVITIES ACT (§§ 16-120-1001 — 16-120-1006) › Section 16-120-1004 - Exclusions

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 participant;
(B)
Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;
(C)
Provides an unsafe bicycle to a participant and knew or should have known that the bicycle was unsafe to the extent that it could cause an injury;
(D)
Fails to provide a participant with a bicycle that meets the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512, as it existed on January 1, 2017;
(E)
Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(F)
Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
Amended by Act 2021, No. 475,§ 23, eff. 7/28/2021.
Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 10 - ARKANSAS CYCLING ACTIVITIES ACT (§§ 16-120-1001 — 16-120-1006) › Section 16-120-1005 - Supplemental to other law

The limitation of liability provided by this subchapter is in addition to any other limitation of liability provided by law.
Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 10 - ARKANSAS CYCLING ACTIVITIES ACT (§§ 16-120-1001 — 16-120-1006) › Section 16-120-1006 - Signage

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 liability of a bicycle outfitter is limited. You are assuming the risk of participating in a cycling activity."
Added by Act 2019, No. 573,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 11 - CORONAVIRUS 2019 (COVID-19) › Section 16-120-1101 - [Expired]

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
See Act 2021, No. 559, § 2.