Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?
For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In this week’s installment of the Mitchell Williams Products Liability Series…
Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties
The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is in part due to tension between the judiciary and the legislature over tort…
Products Liability Series: Does Arkansas Law Require an Expert Witness?
Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.” Rule. The general rule of when an expert witness is required is that for plaintiff to meet their burden…
Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals
Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the lawsuit in federal district court. In this recent decision by the Eighth…
The Art of Preparation: Cross-Examining Difficult Experts
An expert witness may be difficult for a variety of reasons. The expert may be likeable and persuasive to the jury. The expert may be arrogant and refuse to acknowledge even obvious points. The expert may be openly combative and aggressive. But no matter why the expert is difficult, he or she…