Arkansas Code Annotated
Ark. Code Ann. § 16-126-105 (2026)
Consumption instead of sale as proximate cause of injury generally
✓ current as of May 2026
Except in the knowing sale of alcohol to a minor or to a clearly intoxicated person, the General Assembly hereby finds and declares that the consumption of any alcoholic beverage, rather than the furnishing of any alcoholic beverage, is the proximate cause of injuries or property damage inflicted upon persons or property by a legally intoxicated person.
History. Acts 1999, No. 1596, § 5.
Notes of Decisions
Cited in 2
cases, 2005–2010 · leading case: Sluder v. Steak & Ale of Little Rock, Inc., 206 S.W.3d 213 (Ark. 2005).
Sluder v. Steak & Ale of Little Rock, Inc., 206 S.W.3d 213 (Ark. 2005). “" We further note that the legislature intended to leave intact existing law on pleadings and proof of proximate cause, particularly in light of Ark.Code Ann. § 16-126-105 (Supp.2003), whereby the legislature specifically mentions that "the consumption of any alcoholic beverage,…”
Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, 362 S.W.3d 303. “However, the legislature followed those two sections with section 16-126-105, which provides the general rule that consumption of any alcoholic beverage, rather than the furnishing of the same, is the proximate cause of injuries or property damage inflicted by a legally…”
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