29 | | - | 16-120-805. Liability for shooting sports events — Definition. 25 |
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30 | | - | (a) As used in this section, "shooting sports event" means an: 26 |
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31 | | - | (1) Event sponsored by the Arkansas State Game and Fish 27 |
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32 | | - | Commission, the Arkansas Game and Fish Foundation, or Arkansas 4 -H 28 |
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33 | | - | Foundation, Incorporated; and 29 |
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34 | | - | (2) Instance in which an owner of land or person in control of 30 |
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35 | | - | the premises who, directly or indirectly, invites or permits without charge a 31 |
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36 | | - | person or organization to use his or her property for the purposes of 32 |
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37 | | - | participating in or practice for an Arkansas State Game and Fish Commission, 33 |
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38 | | - | Arkansas Game and Fish Foundation, or Arkansas 4 -H Foundation Program 34 |
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39 | | - | registered team. 35 |
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40 | | - | (b)(1) Except as provided in subdivision (b)(2) of this section, a 36 As Engrossed: H2/3/25 S2/20/25 HB1007 |
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| 27 | + | 16-120-805. Liability for shooting sports events. 25 |
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| 28 | + | (a)(1) Except as provided in subdivision (a)(2) of this section, a 26 |
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| 29 | + | host of a shooting sports event is not liable for an injury to or the death 27 |
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| 30 | + | of a participant resulting from the inherent risks of a shooting sports 28 |
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| 31 | + | event. 29 |
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| 32 | + | (2) Subdivision (a)(1) of this section does not prevent or limit 30 |
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| 33 | + | the liability of a host of a shooting sports event: 31 |
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| 34 | + | (A) That provides the shooting equipment and knows or 32 |
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| 35 | + | should know that the shooting equipment is faulty to the extent that the 33 |
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| 36 | + | shooting equipment caused injury or death; 34 |
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| 37 | + | (B) That provides the shooting equipment and fails to make 35 |
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| 38 | + | reasonable and prudent efforts to determine the ability of a participant to 36 HB1007 |
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42 | | - | 2 02-20-2025 11:18:10 CRH022 |
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43 | | - | |
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44 | | - | |
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45 | | - | host of a shooting sports event is not liable for an injury to or the death 1 |
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46 | | - | of a participant resulting from the inherent risks of a shooting sports 2 |
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47 | | - | event. 3 |
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48 | | - | (2) Subdivision (b)(1) of this section does not prevent or limit 4 |
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49 | | - | the liability of a host of a shooting sports event: 5 |
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50 | | - | (A) That provides the shooting equipment and knows or 6 |
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51 | | - | should know that the shooting equipment is faulty to the extent that the 7 |
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52 | | - | shooting equipment caused injury or death; 8 |
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53 | | - | (B) That provides the shooting equipment and fails to make 9 |
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54 | | - | reasonable and prudent efforts to determine the ability of a participant to 10 |
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55 | | - | engage safely in the shooting sports event or to determine the ability of a 11 |
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56 | | - | participant to engage safely in the shooting sports event and to safely 12 |
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57 | | - | manage the particular shooting equipment based on the participant's 13 |
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58 | | - | representation of his or her ability; 14 |
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59 | | - | (C) That owns, leases, rents, or otherwise is in lawful 15 |
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60 | | - | possession and control of the facility at which a participant sustains an 16 |
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61 | | - | injury or dies because of a dangerous latent condition at the facility that 17 |
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62 | | - | is known or should have been known to the host of a shooting sports event and 18 |
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63 | | - | for which warning signs had not been conspicuously posted; 19 |
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64 | | - | (D) That commits an act or omission that: 20 |
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65 | | - | (i) Constitutes willful or wanton disregard for the 21 |
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66 | | - | safety of a participant; and 22 |
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67 | | - | (ii) Causes an injury or death; 23 |
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68 | | - | (E) That intentionally injures or causes the death of a 24 |
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69 | | - | participant; or 25 |
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70 | | - | (F) Under products liability laws. 26 |
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71 | | - | (c)(1)(A) A host of a shooting sports event shall post and maintain 27 |
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72 | | - | signs that contain the warning notice specified in subdivision (c)(2) of this 28 |
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73 | | - | section. 29 |
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74 | | - | (B) The signs required under subdivision (c)(1)(A) of this 30 |
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75 | | - | section shall be placed in a clearly visible location at the facility or 31 |
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76 | | - | location where the host of a shooting sports event conducts the shooting 32 |
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77 | | - | sports event. 33 |
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78 | | - | (C) The warning notice specified in subdivision (c)(2) of 34 |
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79 | | - | this section shall appear on the sign in black letters with each letter to be 35 |
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80 | | - | a minimum of one inch (1 ″) in height. 36 As Engrossed: H2/3/25 S2/20/25 HB1007 |
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81 | | - | |
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82 | | - | 3 02-20-2025 11:18:10 CRH022 |
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83 | | - | |
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84 | | - | |
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85 | | - | (2) The signs described in subdivision (c)(1) of this section 1 |
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86 | | - | shall contain the following warning notice: 2 |
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87 | | - | “WARNING 3 |
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88 | | - | Under Arkansas law, a host of a shooting sports event is not 4 |
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89 | | - | liable for an injury to or the death of a participant in a shooting sports 5 |
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90 | | - | event resulting from the inherent risk of shooting sports events.”. 6 |
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91 | | - | 7 |
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92 | | - | /s/Puryear 8 |
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94 | | - | 10 |
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95 | | - | APPROVED: 3/6/25 11 |
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| 40 | + | 2 11/20/2024 10:16:51 AM |
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| 41 | + | engage safely in the shooting sports event or to determine the ability of a 1 |
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| 42 | + | participant to engage safely in the shooting sports event and to safely 2 |
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| 43 | + | manage the particular shooting equipment based on the participant's 3 |
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| 44 | + | representation of his or her ability; 4 |
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| 45 | + | (C) That owns, leases, rents, or otherwise is in lawful 5 |
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| 46 | + | possession and control of the facility at which a participant sustains an 6 |
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| 47 | + | injury or dies because of a dangerous latent condition at the facility that 7 |
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| 48 | + | is known or should have been known to the host of a shooting sports event and 8 |
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| 49 | + | for which warning signs had not been conspicuously posted; 9 |
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| 50 | + | (D) That commits an act or omission that: 10 |
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| 51 | + | (i) Constitutes willful or wanton disregard for the 11 |
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| 52 | + | safety of a participant; and 12 |
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| 53 | + | (ii) Causes an injury or death; 13 |
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| 54 | + | (E) That intentionally injures or causes the death of a 14 |
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| 55 | + | participant; or 15 |
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| 56 | + | (F) Under products liability laws. 16 |
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| 57 | + | (b)(1)(A) A host of a shooting sports event shall post and maintain 17 |
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| 58 | + | signs that contain the warning notice specified in subdivision (b)(2) of this 18 |
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| 59 | + | section. 19 |
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| 60 | + | (B) The signs required under subdivision (b)(1)(A) of this 20 |
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| 61 | + | section shall be placed in a clearly visible location at the facility or 21 |
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| 62 | + | location where the host of a shooting sports event conducts the shooting 22 |
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| 63 | + | sports event. 23 |
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| 64 | + | (C) The warning notice specified in subdivision (b)(2) of 24 |
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| 65 | + | this section shall appear on the sign in black letters with each letter to be 25 |
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| 66 | + | a minimum of one inch (1 ″) in height. 26 |
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| 67 | + | (2) The signs described in subdivision (b)(1) of this section 27 |
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| 68 | + | shall contain the following warning notice: 28 |
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| 69 | + | “WARNING 29 |
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| 70 | + | Under Arkansas law, a host of a shooting sports event is not 30 |
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| 71 | + | liable for an injury to or the death of a participant in a shooting sports 31 |
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| 72 | + | event resulting from the inherent risk of shooting sports events.”. 32 |
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