2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 120 - Immunity From Tort Liability
Subchapter 10 - Arkansas Cycling Activities Act
§ 16-120-1004. Exclusions
- This subchapter does not:
(1) Apply to a relationship between an employer and an employee under the Workers' Compensation Law, § 11-9-101 et seq.; and
(2) Prevent or limit the liability of a bicycle outfitter or the bicycle outfitter's agent that:
(A) Intentionally injures a participant;
(B) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;
(C) Provides an unsafe bicycle to a participant and knew or should have known that the bicycle was unsafe to the extent that it could cause an injury;
(D) Fails to provide a participant with a bicycle that meets the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512, as it existed on January 1, 2017;
(E) Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(F) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
