Products Liability Series: Is the Violation of a Statute Negligence Per Se?
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field Servs., LLC, 2012 Ark. 157, 17, 400 S.W.3d 701, 712 (2012); Shannon v…
Arkansas' New Driverless-Vehicle Bill Makes Important Products Liability Distinction
All that remains for an updated driverless-vehicle bill in Arkansas is the signature of Governor Asa Hutchinson. House Bill 1562, which amends Arkansas’ 2019 pilot program for autonomous vehicles was approved by a unanimous vote of the Arkansas House of Representatives in March, and was approved by…
Court of Appeals Distinguishes Between Possible and Probable Causes, Affirming Directed Verdict in Products Liability Case
The Arkansas Court of Appeals recently emphasized that a plaintiff must put on evidence during her case-in-chief to eliminate other causes that may fairly arise from the evidence. Otherwise, there is no question for the jury on proximate cause. The dispute in Miaoulis v. Toyota, 2021 Ark. App. 19…
Product Liability Appeal Won Due to Analytical Gaps in Plaintiff's Expert Witness Opinion
In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the plaintiff’s expert witness failed to pass muster under the relevant legal test…
FDA Updates Prevention, Diagnosis, and Treatment Policies in Response to COVID-19
To limit the spread of COVID-19 throughout the United States, the Food and Drug Administration (FDA) has promulgated policies to focus on the prevention, diagnosis, and treatment of the COVID-19 virus. Further, as states implement COVID-19 control measures, some day-to-day enforcement regulations…