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…
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…