Between the Lines Blog

Search Posts

Search

View All Posts

View Monthly Top 10

View By Category

Archive

Products Liability Series: Does Arkansas Recognize a "Malfunction Theory" of Liability?
Category: Products Liability
Does Arkansas recognize a “malfunction theory” of liability? A recent federal case has created law suggesting that Arkansas recognizes a so-called “malfunction theory” of liability in products liability actions. As further identified in a previous post, the mere fact of an accident does not…
Read Full Post »
Products Liability Series: What Is Arkansas' Law on Causation for a Products Claim?
Category: Products Liability
What is Arkansas’ law on causation for a products claim? The mere fact of an accident does not establish liability, nor does the fact that the product was found in a defective condition after an accident. Williams v. Smart Chevrolet Co., 292 Ark. 376, 730 S.W.2d 479 (1987) (automobile door). In…
Read Full Post »
Products Liability Series: What Is the Definition of "Defective Condition" Under Arkansas Law?
Category: Products Liability
What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark. Code Ann. § 16-116-202(2). In making this determination, Arkansas follows…
Read Full Post »
Products Liability Series: Does Arkansas Law Recognize a Strict Liability Products Claim?
Category: Products Liability
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or property if (1) the supplier is engaged in the business of manufacturing…
Read Full Post »
Products Liability Series: Does Arkansas Law Recognize a Post-sale Duty to Warn?
Category: Products Liability
Does Arkansas law recognize a post-sale duty to warn? No. It has long been the conventional wisdom that Arkansas law does not recognize a post-sale duty to warn in the products liability context. However, this understanding of the law was largely based on federal court interpretation of Arkansas…
Read Full Post »
< Newer Page 1/2 Older >
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.