§ 16-120-801. Donors of firefighting equipment not liable — Exception — Definitions
(a) As used in this section: (1) “Donor department” means any fire department in Arkansas, including a: (A) Fire department for a suburban improvement district or a subordinate service district of a county; (B) Fire protection district; (C) Municipal fire department; or (D) Volunteer fire department; and (2) “Firefighting equipment” means any personal property owned […]
§ 16-120-802. Possession of concealed handgun in parking lot
(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee’s or another person’s actions involving a handgun transported or stored under § 5-73-326(a) or from allowing a person to enter the private […]
§ 16-120-803. Immunity for owners of stolen agricultural equipment or off-road vehicles — Definition
(a) (1) As used in this section, “agricultural equipment or off-road vehicle” means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose. (2) “Agricultural equipment or off-road vehicle” includes: (A) An all-terrain vehicle as defined in § 27-21-102; (B) A vehicle […]
§ 16-120-901. Definitions
As used in this subchapter: (1) “Civil action for wrongful birth” means a cause of action that is brought by a parent or other person who is legally required to provide for the support of a child, seeking economic or noneconomic damages for the child because of a condition that existed at the time of […]
§ 16-120-902. Wrongful birth claims — Wrongful life claims
(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born. (b) A person is not liable for damages in a civil action for wrongful life based […]
§ 16-120-505. Subchapter supplemental
This subchapter is supplemental to and does not affect any tort immunity or charitable immunity a church or other place of worship may otherwise have under the law.
§ 16-120-601. Title. [Effective January 1, 2020.]
This subchapter shall be known and may be cited as the “Successor Corporation Asbestos-Related Liability Fairness Act”.
§ 16-120-602. Legislative findings. [Effective January 1, 2020.]
The General Assembly finds that: (1) Asbestos-related claims threaten the continued viability of uniquely situated companies that have never manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations; (2) The viability of these businesses is threatened due solely to their status as successor corporations by merger or consolidation based […]
§ 16-120-603. Definitions. [Effective January 1, 2020.]
As used in this subchapter: (1) “Asbestos claim” means any civil cause of action, wherever or whenever made, arising out of, based on, or in any way related to asbestos, including the health effects of exposure to asbestos or the installation, presence, or removal of asbestos, and includes a claim made by or on behalf […]
§ 16-120-604. Limit on successor asbestos-related liabilities. [Effective January 1, 2020.]
(a) A successor is not liable for any asbestos claim when the successor’s cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. (b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a […]