Between the Lines Blog

Products Liability Series: What Is Arkansas' Law on Comment K to Section 402A of the Restatement (Second) Of Torts?
Category: Products Liability
What is Arkansas’ law on Comment K to Section 402A of the Restatement (Second) of Torts? Arkansas follows comment k to Section 402A of the Restatement (Second) of Torts with regard to unavoidably unsafe products. This is an affirmative defense, requiring proof that the product is unavoidably…
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Products Liability Series: What Is the Interplay Between Arkansas Workers' Compensation and Products Liability Actions?
Category: Products Liability
What is the interplay between Arkansas Workers’ Compensation and Products Liability Actions? Under Arkansas law, an employee’s exclusive remedy for claims for work-related injuries against an employer is through the Arkansas Workers’ Compensation Commission. The resulting difficulty for defendants…
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Products Liability Series: Does a Supplier of a Defective Product Have Recourse Against a Manufacturer?
Category: Products Liability
Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not the manufacturer, the supplier “shall have a cause of action for indemnity…
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Products Liability Series: Does Arkansas Law Have a Statute of Repose?
Category: Products Liability
Does Arkansas law have a statute of repose? No. This means that for an Arkansas products liability action, the general rule is that a lawsuit must be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. There are…
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Products Liability Series: Does Arkansas Law Recognize a Claim Against a Supplier for Failure to Inspect?
Category: Products Liability
Does Arkansas law recognize a claim against a supplier for failure to inspect? Yes, but this cause of action applies to suppliers under limited circumstances. Ordinarily a supplier does not have a duty to inspect a product for possible defects. AMI 1006. If, however, a supplier has reason to…
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