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…
Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This Recurring Question
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is not so clear. This blog post explores the pros and cons of enforcing…
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…
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…