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| ARKANSAS |
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Negligence / Personal Injury
3 Years3 Years with Discovery Rule
Products Liability
3 Years3 Years with Discovery Rule
Wrongful Death
3 Years3 Years
Medical Malpractice
2 Years2 years from date of malpractice. If discovery of a foreign object occurs after 2 years, plaintiff has 1 additional year to bring claim. Minors under age nine have until age 11.
Libel
3 Years23 years
Intentional Torts
1 YearsOther Intentional Torts: 1 Year
Discovery Rule
Statute of Limitations runs from when injury is, or should have been, discovered.
Disabilities
Infant, insane, incompetent, or persons imprisoned outside of the state have 3 years after disability removed to pursue action. Infant SOL runs from 21 st birthday. Wrongful death, however, is only one year from date of death. Special rule – if tortfeasor is unknown, SOL can be tolled by filing complaint with appropriate court with affidavit stating tortfeasor is unknown.
Charitable Immunity
Charitable immunity exists but actions may be brought directly against insurance company insuring charity in certain circumstances.
Comparative Negligence
Modified comparative negligence in that plaintiff’s fault must be less than that of defendant’s in order to recover. Damages are reduced by plaintiff’s degree of fault.
Municipalities
Sovereign immunity applies except that political subdivisions of state are required to maintain liability insurance or self-insurance for motor vehicles.
Punitive Damages
Standard is whether the amount of the award “shocks the conscience” of the court.
Consumer Fraud Complaint
Arkansas Office of the Attorney General, Consumer Protection
http://www.ag.state.ar.us/index_high.htm
(501)682-2007
(800)482-8982 (toll-free in Arkansas) |
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