Products Liability Series: Does Arkansas Law Have a Statute of Repose?
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…
Products Liability Series: Does Arkansas Law Recognize a Claim Against a Supplier for Failure to Inspect?
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…
Products Liability Series: Does Arkansas Law Recognize a Claim for Failure to Instruct?
Does Arkansas law recognize a claim for failure to instruct? Yes. But this cause of action applies only to manufacturers, not suppliers. A manufacturer of a product has a duty to give reasonable and adequate instructions with respect to the conditions and methods of a product’s safe use when danger…
Products Liability Series: Does Arkansas Law Recognize a Cause of Action for Failure to Warn?
Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and adequate warning of dangers inherent or reasonably foreseeable in its use for a…
Products Liability Series: Does Arkansas Recognize a "Malfunction Theory" of 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…