Products Liability Series: What Is Arkansas' Law on Causation for a Products Claim?
What is Arkansas’ law on causation for a products claim? The mere fact of an accident does not establish liability, nor does the fact that the product was found in a defective condition after an accident. Williams v. Smart Chevrolet Co., 292 Ark. 376, 730 S.W.2d 479 (1987) (automobile door). In…
Products Liability Series: What Is the Definition of "Defective Condition" Under Arkansas Law?
What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark. Code Ann. § 16-116-202(2). In making this determination, Arkansas follows…
Products Liability Series: Does Arkansas Law Recognize a Strict Liability Products Claim?
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or property if (1) the supplier is engaged in the business of manufacturing…
Products Liability Series: Does Arkansas Law Recognize a Post-sale Duty to Warn?
Does Arkansas law recognize a post-sale duty to warn? No. It has long been the conventional wisdom that Arkansas law does not recognize a post-sale duty to warn in the products liability context. However, this understanding of the law was largely based on federal court interpretation of Arkansas…
Products Liability Series: Should a Trial Be Bifurcated When Plaintiff Seeks Punitive Damages?
Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to Reporter’s Notes, 2015 Amendment). Procedure. The jury first determines the…