§ 8-7-101 - Civil liability of those assisting at accidents. - Arkansas Statutes

8-7-101. Civil liability of those assisting at accidents.

(a) As used in this section, unless the context otherwise requires:

(1) "Discharge" means spillage, leakage, seepage, fire, explosion, or other release; and

(2) "Hazardous materials" means all materials and substances which are designated or defined as hazardous by law or regulation of this state or by law or regulation of the federal government.

(b) Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken, voluntarily and without compensation, in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, disposing of, or attempting to prevent, clean up, or dispose of any such discharge.

(c) This section shall not preclude liability for civil damages as the result of gross negligence. Reckless, willful, or wanton misconduct shall constitute gross negligence.