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2017 Arkansas Code
Title 8 - Environmental Law
Chapter 7 - Hazardous Substances
Subchapter 1 - General Provisions
§ 8-7-101. Civil liability of those assisting at accidents
Universal Citation: AR Code § 8-7-101 (2017)
- (a) As used in this section, unless the context otherwise requires:
- (1) "Discharge" means spillage, leakage, seepage, fire, explosion, or other release; and
- (2) "Hazardous materials" means all materials and substances which are designated or defined as hazardous by law or regulation of this state or by law or regulation of the federal government.
- (b) Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken, voluntarily and without compensation, in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, disposing of, or attempting to prevent, clean up, or dispose of any such discharge.
- (c) This section shall not preclude liability for civil damages as the result of gross negligence. Reckless, willful, or wanton misconduct shall constitute gross negligence.
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