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ARKANSAS

Negligence / Personal Injury
3 Years with Discovery Rule.
Wrongful Death
3 Years
Medical Malpractice
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.
Malpractice (Other Professions)
Products Liability
3 Years with Discovery Rule.
Intentional Torts
1 Year
Municipal Liability/Sovereign Immunity
Sovereign immunity applies except that political subdivisions of state are required to maintain liability insurance or self-insurance for motor vehicles.
Discovery Rule
SOL runs from when injury is, or should have been, discovered.
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.
Charitable Immunity
Charitable immunity exists but actions may be brought directly against insurance company insuring charity in certain circumstances.
Disabilities
Infant, insane, incompetent, or persons imprisoned outside of the state have 3 years after disability removed to pursue action. Infant SOL runs from 21st 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.
Punitive Damages
Standard is whether the amount of the award "shocks the conscience" of the court.
No-Fault Insurance
Hybrid version
Consumer Fraud Complaint

Arkansas Office of the Attorney General, Consumer Protection

http://www.ag.arkansas.gov/consumers.html

(501)682-2007
(800)482-8982 (toll-free in Arkansas)

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