HB1007: Liability at Shooting (Sporting) events

Bill Summary for HB1007

  • Bill Number: HB1007
  • Primary Sponsor: Representative Puryear
  • Co-Sponsor: Senator Rice
  • Purpose: To regulate liability for shooting sports events and provide legal immunity to certain individuals involved in such events.

What’s New in HB1007 :

  1. Limited Legal Liability for Hosts:

    • General Immunity: Hosts of shooting sports events are not liable for injuries or deaths of participants that result from the inherent risks of such events.
    • Exceptions: Immunity does not apply if the host:
      • Provides faulty equipment that they knew (or should have known) was unsafe.
      • Fails to assess whether participants can safely handle the activity or equipment.
      • Controls a facility with hidden dangers that caused harm but failed to post visible warnings.
      • Acts with willful or wanton disregard for participant safety, leading to injury or death.
      • Intentionally causes harm or violates product liability laws.
  2. Mandatory Warning Signs:

    • Hosts must display warning signs at event locations in a visible spot.
    • The signs must include a specific warning:
      “WARNING: Under Arkansas law, a host of a shooting sports event is not liable for an injury to or the death of a participant in a shooting sports event resulting from the inherent risk of shooting sports events.”
    • Lettering on the signs must be black and at least one inch in height.

 


Layman’s Terms Summary:

This bill sets legal protections for people or organizations that host shooting sports events (like competitions or training sessions). It says:

  • Hosts generally can’t be sued if someone gets hurt or dies from the normal risks of shooting sports (like handling firearms).
  • However, hosts can be sued if they:
    • Use faulty equipment.
    • Don’t check if participants are capable of safely participating.
    • Know about hidden dangers at the event location but don’t warn participants.
    • Act recklessly or intentionally harm someone.
  • Hosts must put up clear warning signs saying they’re not responsible for injuries or deaths caused by the usual risks of shooting sports.

This law aims to encourage shooting sports by protecting hosts from lawsuits over unavoidable risks, as long as they follow safety guidelines and don’t act negligently.

Do other states have similar laws?

Yes, several states have enacted laws that provide limited liability protections for operators and participants of shooting sports events and facilities. These laws aim to promote shooting sports by mitigating the risk of legal action stemming from inherent risks associated with these activities. Here are some examples:

Michigan's Sport Shooting Ranges Act
Enacted in 1989, this act grants civil immunity to individuals operating or using sport shooting ranges from lawsuits related to noise and other nuisances, provided the range complies with existing laws at the time of its construction.

Idaho's Limitation of Liability on Sport Shooting Activities
Idaho law limits the liability of sport shooting range operators, sponsors, officials, or instructors for injuries or deaths of participants, except in cases of gross negligence or intentional misconduct.

Recreational Use Statutes (RUS) Across Various States
Many states have Recreational Use Statutes that provide landowners, including those who operate shooting ranges, with immunity from liability when they allow the public to use their land for recreational purposes without charging a fee. These statutes encourage landowners to make their land available for public recreation by reducing the risk of liability.

It's important to note that while these laws offer certain protections, they often include exceptions, particularly in cases involving gross negligence or willful misconduct. The specifics of these laws, including the extent of immunity and the requirements for compliance, vary by state.