Between the Lines Blog

Search Posts

Search

View All Posts

View By Category

Archive

Products Liability Series: Does Arkansas Recognize Market Share Liability as a Theory of Liability?
Category: Products Liability
No. Arkansas has not adopted alternative or market share liability, but has retained the traditional requirement of proximate cause in all tort cases. See Woodward v. Blythe, 249 Ark. 793, 462 S.W.2d 205 (1971). To prove a products liability case in Arkansas, a plaintiff must show that a product…
Read Full Post »
Products Liability Series: Can an Expert Witness Merely Reiterate Others' Opinions?
Category: Products Liability
No. An expert cannot merely reiterate, vouch for, or bolster the opinions of someone else, as this is improper and inadmissible. Ark. R. Evid. 702; Food, Inc. v. Indus. Risk Insurers, No. 5:13-CV-05204, 2015 WL 12914256, at *2 (W.D. Ark. Oct. 6, 2015) (holding that expert could not offer opinions…
Read Full Post »
Products Liability Series: Does Arkansas Law Recognize a Claim for Medical Monitoring?
Category: Litigation, Products Liability
No. Medical monitoring may possibly be treated as a type of damages, but is not a separate cause of action in Arkansas. The Rule. Although the case law on this topic is scant in Arkansas, in one case the Arkansas Supreme Court acknowledged that there is no standalone claim for medical monitoring…
Read Full Post »
Products Liability Series: Is the Violation of a Statute Negligence Per Se?
Category: Litigation, Products Liability
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field Servs., LLC, 2012 Ark. 157, 17, 400 S.W.3d 701, 712 (2012); Shannon v…
Read Full Post »
Arkansas' New Driverless-Vehicle Bill Makes Important Products Liability Distinction
Category: Products Liability, Transportation
All that remains for an updated driverless-vehicle bill in Arkansas is the signature of Governor Asa Hutchinson. House Bill 1562, which amends Arkansas’ 2019 pilot program for autonomous vehicles was approved by a unanimous vote of the Arkansas House of Representatives in March, and was approved by…
Read Full Post »
< Newer Page 1/2 Older >
The Between the Lines blog is made available by Mitchell Williams Law Firm 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.