Arkansas Code Annotated

Ark. Code Ann. § 16-126-106 (2020)

Immunity from civil liability for social hosts

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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In no event will the act of providing alcoholic beverages to a person who can lawfully possess them by a social host, or other person who does not hold an alcoholic beverage vendor's permit, constitute a proximate cause of any personal injuries or property damages which may be subsequently caused by an individual consuming any alcoholic beverages so provided.

History. Acts 1999, No. 1596. § 6.

Research References

Ark. L. Notes.

John Norwood, Shannon v. Wilson and the Arkansas Dramshop Act of 1999, 2015 Ark. L. Notes 1744.

Case Notes

Liability.

Car accident victims failed to state a claim against a fraternity and its members who served kegs of beer at a party, leading one member to become intoxicated and crash into one of the victims, because liability was barred by this section, and the fraternity was not a retailer of beverages under § 16-126-104, although it charged admission to the party. Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, 362 S.W.3d 303 (2010).

Chapter 127 Stalker Liability Act

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2005–2021 · leading case: Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, 362 S.W.3d 303.
Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, 362 S.W.3d 303. · cites it 13× “Ark.Code Ann. § 16-126-106 (Repl.2006). Based upon this statute, the circuit court found that the Sig Taus could not be held liable for providing alcohol to Moore and, therefore, the | (¡complaint failed to allege facts upon which relief could be granted.”
James Bates v. Kristine Collins Homan, 2021 Ark. App. 266. · cites it 12× “According to Bates, Homan’s claim that Bates negligently provided alcohol to Collins was barred by the social-host- immunity statute, Arkansas Code Annotated section 16-126-106 (Repl. 2016). In addition, Bates filed an answer in which he denied “all allegations of intentional…”
Sluder v. Steak & Ale of Little Rock, Inc., 206 S.W.3d 213 (Ark. 2005). · cites it 2× “In particular, § 16-126-106 specifically protects social hosts from civil liability resulting from personal injuries or property damages when an adult becomes inebriated as a guest.”
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