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…
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…