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16-120-1003. Liability of a bicycle outfitter.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-120-1003
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-120-1003
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6a4926d474d70e0cf760a2b6281c1ae2d974f04d6dd42dce46bb8a104dcf9b7a
Source location: content.xml paragraph 49253
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.; and
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-120-1004
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-120-1004. This identifies an authority to review, not proof of applicability.