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2-11-106. Limitation of liability.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-11-106. Limitation of liability.
(a) An agritourism activity operator or participant is not liable for damages arising from the personal injury or death of a participant if:
(1) The injury or death results from an inherent risk; and
(2) The warning contained in § 2-11-107 is posted.
(b) The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-11-106
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:2-11-106
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5ccc2471932389e50ccc30b28bd06fda2950dd152f29ebb65be60f1175e8d6ac
Source location: content.xml paragraph 2122
Stored source content
2-11-106. Limitation of liability.
(a) An agritourism activity operator or participant is not liable for damages arising from the personal injury or death of a participant if:
(1) The injury or death results from an inherent risk; and
(2) The warning contained in § 2-11-107 is posted.
(b) The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-11-107. Warning required.
(a) At each agritourism activity, the agritourism activity operator shall post and maintain signage in a clearly visible location at or near the main entrance to the agritourism activity and in black letters at least one inch (1") in height containing the following warning:
“WARNING — Under Arkansas law, an agritourism activity operator is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of agritourism activities. Inherent risks include without limitation the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity.”
(b) The agritourism activity operator shall include, in clearly visible print, the warning contained in subsection (a) of this section in a written contract between the agritourism activity operator and each participant.
(c) At each agritourism activity, the agritourism operator shall post and maintain signage of a specific or known hazard in the particular area on or surrounding the agritourism activity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-11-107
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 2-11-107. This identifies an authority to review, not proof of applicability.