There Is a Newer Version of this Section
  1. 2023 Arkansas Code
  2. 2020 Arkansas Code (here)
  3. 2019 Arkansas Code
  4. View All Versions
View Our Newest Version Here

2020 Arkansas Code
Title 18 - Property
Subtitle 5 - Civil Actions
Chapter 60 - Miscellaneous Proceedings Relating to Property
Subchapter 1 - General Provisions
§ 18-60-108. Liability of landowner for injury to trespasser — Definition

Universal Citation:
AR Code § 18-60-108 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous

  1. (a)

    1. (1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land.

    2. (2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasser on the premises is known, and then the owner, lessee, or occupant of the land shall be liable only for injuries caused by the willful or wanton misconduct of the owner, lessee, or occupant.

  2. (b) This section does not affect the doctrine of attractive nuisance, except that the doctrine may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of eighteen (18).

  3. (c) As used in this section, “trespasser” means a person who enters on the property of another without permission and without an invitation, express or implied.

Previous
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.