HB1007
To Regulate Liability For Shooting Sports Events; And To Provide Immunity To Certain Individuals With Respect To Shooting Sports Events.
AI-Generated Summary
This bill proposes to regulate liability for shooting sports events in Arkansas. It defines a "shooting sports event" as an event sponsored by specific organizations, or an instance where land owners permit use of their property without charge for registered teams associated with these organizations. The bill generally grants immunity to hosts of such events from liability for injuries or death resulting from the inherent risks of shooting sports. However, this immunity is not absolute and has several exceptions. Hosts remain liable if they provide faulty shooting equipment they knew or should have known was dangerous. They are also liable if they fail to adequately assess a participant's ability to safely engage in the event or manage the equipment. Liability is also retained for injuries caused by dangerous latent conditions at a facility that the host knew or should have known about and failed to warn about. Furthermore, hosts cannot claim immunity if their actions constitute willful or wanton disregard for safety, if they intentionally injure a participant, or in cases of product liability. Hosts will be required to post warning signs notifying participants of this limited liability. The warning must be clearly visible, with lettering at least one inch in height, stating that hosts are not liable for injuries from inherent risks.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be the hosts of shooting sports events, including the Arkansas State Game and Fish Commission, the Arkansas Game and Fish Foundation, and the Arkansas 4-H Foundation, as well as private landowners who permit the use of their property for events sponsored by these organizations. By providing immunity from liability for injuries resulting from inherent risks, the bill aims to reduce the legal and financial exposure for these entities, potentially encouraging more such events and activities to take place. Participants in these shooting sports events, while not directly gaining immunity, would benefit from the continued availability and sponsorship of these activities, which might be less likely to occur if hosts faced unlimited liability.
Who Might Suffer?
Individuals participating in shooting sports events could be negatively impacted by this bill, as their ability to seek legal recourse for injuries or death resulting from inherent risks would be significantly limited. While the bill includes exceptions for gross negligence, faulty equipment, or dangerous conditions, participants would bear a higher burden in proving these exceptions applied. This could mean that injuries, even those that might seem preventable or due to less than ideal safety practices (short of willful or wanton disregard), may not result in compensation for the injured party. The overall effect could be a shift in the risk of participation more heavily onto the individual participant.