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27-101-201. Liability of owner, renter, operator, or lessee of vessel for injury or damage — Exception.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-201. Liability of owner, renter, operator, or lessee of vessel for injury or damage — Exception.
(a) The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require.
(b)(1) The owner is not liable, however, unless the vessel is being used with his or her express or implied consent.
(2)(A) The owner is not strictly liable to a renter, operator, or lessee for any injury or damage occasioned by the negligent operation of the vessel by the renter, operator, or lessee.
(B) The liability of the owner for injury or damage suffered by a renter, operator, or lessee shall be determined by comparing the fault of the owner and the fault of the renter, operator, or lessee in accordance with §§ 16-55-216 and 16-64-122.
(c) It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.
(d) This section does not:
(1) Relieve any other person from any liability that he or she would otherwise have; or
(2) Authorize or permit any recovery in excess of injury or damage actually incurred.
(e) This section does not apply to an outfitter as defined in § 27-101-902.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-201
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:27-101-201
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b83b40d5afe3cee9d80f39655449b890a8a9e1ef6550733321add76cb9e65416
Source location: content.xml paragraph 27984
Stored source content
27-101-201. Liability of owner, renter, operator, or lessee of vessel for injury or damage — Exception.
(a) The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require.
(b)(1) The owner is not liable, however, unless the vessel is being used with his or her express or implied consent.
(2)(A) The owner is not strictly liable to a renter, operator, or lessee for any injury or damage occasioned by the negligent operation of the vessel by the renter, operator, or lessee.
(B) The liability of the owner for injury or damage suffered by a renter, operator, or lessee shall be determined by comparing the fault of the owner and the fault of the renter, operator, or lessee in accordance with §§ 16-55-216 and 16-64-122.
(c) It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.
(d) This section does not:
(1) Relieve any other person from any liability that he or she would otherwise have; or
(2) Authorize or permit any recovery in excess of injury or damage actually incurred.
(e) This section does not apply to an outfitter as defined in § 27-101-902.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-216. Comparative fault.
Section 16-55-201 et seq. and §§ 16-114-206(a), 16-114-208(a), 16-114-208(c)(1), and 16-114-209 — 16-114-212 do not amend existing law that provides that a plaintiff may not recover any amount of damages if the plaintiff's own fault is determined to be fifty percent (50%) or greater.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-216
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 16-55-216. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-64-122. Comparative fault.
(a) In all actions for damages for personal injuries or wrongful death or injury to property in which recovery is predicated upon fault, liability shall be determined by comparing the fault chargeable to a claiming party with the fault chargeable to the party or parties from whom the claiming party seeks to recover damages.
(b)(1) If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault.
(2) If the fault chargeable to a party claiming damages is equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is not entitled to recover such damages.
(c) The word “fault” as used in this section includes any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party.
(d) In cases where the issue of comparative fault is submitted to the jury by an interrogatory, counsel for the parties shall be permitted to argue to the jury the effect of an answer to any interrogatory.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-64-122
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 16-64-122. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-902. Definitions.
As used in this subchapter:
(1) “Canoe” means a watercraft that has an open top and is designed to hold one (1) or more participants;
(2) “Canoeing, rafting, kayaking, or tubing” means riding, training, using, paddling, or being a passenger in or on a canoe, kayak, raft, or tube, including a person assisting a participant;
(3) “Equipment” means an accessory to a watercraft that is used for propulsion, safety, comfort, or convenience, including without limitation paddles, oars, and personal flotation devices;
(4) “Inherent risk of paddlesport activity” means the dangers, hazards, or conditions that are an integral part of paddlesport activities in the free-flowing streams or rivers of this state, including without limitation:
(A) A risk typically associated with watercraft, including change in water flow or current, submerged, semisubmerged, and overhanging objects, capsizing, swamping, or sinking of watercraft and resultant injury, hypothermia, or drowning;
(B) Cold weather- or heat-related injuries and illnesses, including hypothermia, frostbite, heat exhaustion, heat stroke, and dehydration;
(C) An act of nature, including without limitation rock fall, inclement weather, thunder and lightning, severe or varied temperature, weather conditions, winds, and tornadoes;
(D) Operator error or equipment failure due to operator error;
(E) Attack or bite by an animal;
(F) The aggravation of an injury or illness because the injury or illness occurred in a remote place where medical facilities are not available; and
(G) Nothing in this subsection is intended to circumvent an outfitter's duty to provide safe equipment and watercraft;
(5) “Kayak” means a watercraft similar to a canoe with a covered top that may have more than one (1
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-902
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 27-101-902. This identifies an authority to review, not proof of applicability.