ARKANSAS

Statute Of Repose

Construction: 4 Years from substantial completion of improvement to real property for tort or contract actions for personal injury or wrongful death, or 5 years for property damage. A.C.A. § 16- 56-112.

Products: None.

Negligence / Personal Injury
3 Years with Discovery Rule.
Personal Injury
3 Years The following actions shall be commenced within three (3) years after the cause of action accrues:
(1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state;
(2) All actions for arrearages of rent not reserved by some instrument in writing, under seal;
(3) All actions founded on any contract or liability, expressed or implied;
(4) All actions for trespass on lands;
(5) All actions for libels; and
(6) All actions for taking or injuring any goods or chattels. Ark. Code Ann. § 16-56-105
Fraud
3 Years The following actions shall be commenced within three (3) years after the cause of action accrues:
(1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state;
(2) All actions for arrearages of rent not reserved by some instrument in writing, under seal;
(3) All actions founded on any contract or liability, expressed or implied;
(4) All actions for trespass on lands;
(5) All actions for libels; and
(6) All actions for taking or injuring any goods or chattels. Ark. Code Ann. § 16-56-105

Fraud suspends the running of the statute of limitations until the party having the cause of action discovers the fraud, or should have discovered it by the exercise of reasonable diligence. Russenberger v. Thomas Pest Control, Inc., 394 S.W.3d 303, 307 (Ark. Ct. App. 2012).
Wrongful Death
3 Years Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed. Ark. Code Ann. § 16-62-102.
Medical Malpractice
2 Years Where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.

Continuing Treatment: Treatment by the doctor is a continuing course and the patient's illness, injury or condition is of such a nature as to impose on the doctor a duty of continuing treatment and care, the statute does not commence running until treatment by the doctor for the particular disease or condition involved has terminated--unless during the treatment the patient learns or should learn of negligence, in which case the statute runs from the time of discovery, actual or constructive. Ark. Code Ann. §16-114-203 and Raynor v. Kyser, 993 S.W. 2d 913, 915 (Ark. 1999).
Malpractice (Other Professions)
Products Liability
3 Years

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-103

Discovery:

The statute of limitations does not commence running until the plaintiff knew or, by the exercise of reasonable diligence, should have discovered the causal connection between the product and the injuries suffered. Martin v. Arthur, 339 Ark. 149, 159 (1999).

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/file-a-consumer-complaint/

Consumer Hotline:
(501) 682-2341

Toll Free:
(800) 482-8982

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

80 Main Street Suite 265
West Orange, NJ 07052
Phone: 973.323.3603

FLORIDA OFFICE

27300 Riverview Center Blvd., Suite 103
Bonita Springs, Florida 34134-4316
Phone: 239.390.1000