{"id":371692,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/arkansas-negligence-laws.html"},"modified":"2023-01-06T10:59:55","modified_gmt":"2023-01-06T15:59:55","slug":"arkansas-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-negligence-laws.html","title":{"rendered":"Arkansas Negligence Laws"},"content":{"rendered":"\n
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Arkansas Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Negligence, the legal theory behind most injury lawsuits, is the violation of a duty owed to another individual. In other words, to do something (or not do something) a "reasonable person" wouldn’t (or would) do — such as driving drunk or failing to ensure the safety of a consumer product — is an act of negligence<\/a>.<\/p>\r\n

When an act of negligence causes injury to another person, then the negligent party is liable for those injuries and must pay damages to compensate the other person. For example, someone who drives drunk, crashes into another motorist, and causes injuries (including damage to the vehicle) would be considered negligent and liable for damages. The driver in this example was not acting like a reasonable person by driving under the influence.<\/p>\r\n

Below is a general overview of Arkansas negligence laws.<\/p>\r\n

Arkansas Negligence Law at a Glance<\/h2>\r\n

Under Arkansas statute, damages are awarded in proportion to the plaintiff’s contributions to their own injuries. But if the plaintiff is at least as responsible for the injuries as the defendant, they may not recover any damages.<\/p>\r\n

Additional details about how Arkansas handles negligence claims are listed in the following chart. See FindLaw’s Negligence<\/a> section for more articles.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

16-64-122<\/td>\r\n<\/tr>

Statutory Definition of "Fault"<\/p>\r\n<\/th>\r\n

Any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party<\/td>\r\n<\/tr>

Modified Comparative Negligence<\/p>\r\n<\/th>\r\n

If Plaintiff’s fault is less than the defendant’s, they may recover damages in an amount reduced in proportion to the degree of their own fault; if plaintiff’s fault is equal to or greater than the defendant, they may not recover at all (\u00a716-64-122<\/a>)<\/td>\r\n<\/tr>

Contributory Negligence-Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

–<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes; \u00a7\u00a716-61-201 to 212<\/a><\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

Yes; \u00a7\u00a716-61-201 to 212<\/a><\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Elements of a Negligence Case<\/h2>\r\n

A plaintiff must be able to prove the following five elements in order to collect damages for injuries resulting from the defendant’s negligence:<\/p>\r\n

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  1. Defendant owed a duty to commit an act or refrain from committing an act<\/li>\r\n
  2. Defendant breached this duty<\/li>\r\n
  3. This breach of duty caused injury to the plaintiff<\/li>\r\n
  4. Defendant’s actions (or inactions) were the proximate cause of the injury (when a negligent act leads to damages in a natural and continuous sequence, unbroken by any efficient intervening cause)<\/li>\r\n
  5. Plaintiff suffered actual damages (i.e., lost wages, hospital bills, suffering, etc.)<\/li>\r\n<\/ol>\r\n

    Research the Law<\/h2>\r\n