Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

ARKANSAS

Negligence / Personal Injury

3 Years 3 Years with Discovery Rule

Products Liability

3 Years 3 Years with Discovery Rule

Wrongful Death

3 Years 3 Years

Medical Malpractice

2 Years 2 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 Years 3 Years

Intentional Torts

1 Year Other 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)