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…
Products Liability Series: What Is Arkansas' Law on Comment K to Section 402A of the Restatement (Second) Of Torts?
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…
Products Liability Series: What Is the Interplay Between Arkansas Workers' Compensation and Products Liability Actions?
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…
Products Liability Series: Does a Supplier of a Defective Product Have Recourse Against a Manufacturer?
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…