Hot Topics in Products Liability Litigation: The Depreciation-Based Injury Theory Used to Support Standing in a Products Case
March 20, 2023
by Devin R. Bates
The depreciation-based injury theory is a method that has been increasingly tested by the plaintiffs’ bar to support the assertion of standing necessary to bring a product liability case. Under this theory, a plaintiff who has purchased a product that later depreciates in value due to a defect or…
Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?
Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the doctrine in the context of prescription drug claims. West v. Searle & Co., 305…
Products Liability Series: Does a Plaintiff Have a Duty to Mitigate Damages Under Arkansas Law?
Does a plaintiff have a duty to mitigate damages under Arkansas law? Yes. An injured person must use ordinary care to seek out treatment and follow the advice of physicians. Any damages resulting from a failure to use such care cannot be recovered. AMI 2214. This applies to property or business…
Products Liability Series: Is There a Defense Where a Plaintiff Altered a Product?
Is there a defense where a plaintiff altered a product? Yes. In an Arkansas products liability claim, the plaintiff must prove that the product was supplied by the defendant in a defective condition. AMI 1008. “If a product is not unreasonably dangerous at the time it leaves the control of the…
Products Liability Series: Is There a Defense Where a Plaintiff Misused a Product?
Is there a defense where a plaintiff misused a product? Yes. Under Arkansas law, a defendant may assert that the plaintiff misused the product as part of its affirmative defense of comparative fault. AMI 1014. When invoking this defense, the defendant has the burden of proof to show that the misuse…