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27-101-903. Assumption of risk by participant — Liability of outfitter — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-903. Assumption of risk by participant — Liability of outfitter — Exceptions.
(a) Except as provided in subsection (c) of this section:
(1)(A) A participant assumes the inherent risk of a paddlesport activity by engaging in the paddlesport activity.
(B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from an outfitter for the injury, loss, damage, or death of the participant resulting from any of the inherent risk of a paddlesport activity; and
(2) An outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of paddlesport activities.
(b) This section does not apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.
(c) This section does not prevent or limit the liability of an outfitter or its agent that:
(1) Intentionally injures a participant;
(2) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant;
(3) Provides unsafe equipment or watercraft to a participant and knew or should have known that the equipment or watercraft was unsafe to the extent that it could cause an injury;
(4) Fails to provide a participant with the equipment required by § 27-101-203(a);
(5) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(6) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
(d) The limitation of liability provided by this section is in addition to any other limitation of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-903
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:27-101-903
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 89d2e618ee0d7bfc22fd174f7f395292c7ebca70b09f1a75e9717ac7e167d9c4
Source location: content.xml paragraph 28823
Stored source content
27-101-903. Assumption of risk by participant — Liability of outfitter — Exceptions.
(a) Except as provided in subsection (c) of this section:
(1)(A) A participant assumes the inherent risk of a paddlesport activity by engaging in the paddlesport activity.
(B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from an outfitter for the injury, loss, damage, or death of the participant resulting from any of the inherent risk of a paddlesport activity; and
(2) An outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of paddlesport activities.
(b) This section does not apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.
(c) This section does not prevent or limit the liability of an outfitter or its agent that:
(1) Intentionally injures a participant;
(2) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant;
(3) Provides unsafe equipment or watercraft to a participant and knew or should have known that the equipment or watercraft was unsafe to the extent that it could cause an injury;
(4) Fails to provide a participant with the equipment required by § 27-101-203(a);
(5) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(6) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
(d) 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
11-9-101. Title — Purpose.
(a) This chapter shall be cited as the “Workers' Compensation Law”.
(b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-101
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 11-9-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-203. Equipment requirements — Definition.
(a)(1) Every vessel shall have aboard:
(A) One (1) United States Coast Guard-approved wearable personal flotation device that is:
(i) Used according to its approved conditions;
(ii) In good and serviceable condition; and
(iii) Of proper size for each person on board;
(B) A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board;
(C) A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has:
(i) Permanently installed fuel tanks;
(ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored;
(iii) A double-bottom not sealed to the hull or not completely filled with flotation material;
(iv) Enclosed living spaces; or
(v) Closed stowage compartments where combustible or flammable materials may be stowed;
(D) If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person;
(E) Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and
(F) In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-203
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 27-101-203. This identifies an authority to review, not proof of applicability.