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…
Practice Pointer: Orders Drafted by Opposing Counsel
Even the best litigator loses on a motion every now and then. When that happens in Arkansas state court, oftentimes the judge may file a verbatim order drafted by opposing counsel as the final order. Sometimes these orders have discrepancies between what the judge said at the conclusion of the…
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…
Products Liability Series: When Are Punitive Damages Awarded?
When are punitive damages awarded? Under Arkansas law, a statute affixes the standard for awarding punitive damages, and the key element is a showing of express or implied malice.[1] Under this rule, punitive damages are appropriate only when the evidence shows something beyond negligence and gross…