Arkansas Tort Law

Torts and personal injury claims are similarly concerned with injuries resulting from another person's negligence. While both are types of civil cases, personal injury deals with incidents involving physical or mental harm, whereas torts cover a considerably broader range of issues. 

For clarity, consider the Arkansas opioid mass tort cases. Opioids are among the most commonly prescribed medications in the state. According to the Arkansas Department of Health Prescription Drug Monitoring Program's 2022 annual report, nearly 72 opioid prescriptions were dispensed for every 100 residents, leading to higher cases of overdose. As a result, numerous lawsuits have been launched against opioid producers and distributors. In 2021, a notable settlement of $216 million was reached. 

In this article, we will go over the state’s tort law as well as the factors that a plaintiff must prove in particular claims. We will also discuss what distinguishes torts from crimes and the options available to those who want to sue. 

Basic Tort Categories in Arkansas

Negligent Torts

A negligent tort lawsuit is brought when the defendant, also known as the tortfeasor, causes damages to the plaintiff as a result of their negligence. In this case, the plaintiff must show specific elements to prove the defendant's negligence:

• The defendant owed the plaintiff a duty of care.

• The defendant breached this duty of care.

• The plaintiff suffered injuries.

• The breach of care directly caused the damages suffered by the plaintiff.

Vehicular accident cases are a main example of negligent torts. For instance, you were hit by a car and suffered injuries due to the driver's speeding. The defendant, who claims their actions were unintentional, was still negligent because they failed to be careful on the road. Another common example of negligent tort is medical malpractice.

Intentional Torts

Intentional torts (also called torts of outrage) are filed when the tortfeasor's actions against the plaintiff are deliberate. The difference between a negligent and intentional tort lies in the evidence the plaintiff must present. According to the Arkansas Supreme Court Committee on Model Jury Instructions - Civil, the plaintiff needs to prove the following:

• The defendant engaged in willful and wanton behavior that was severe and unacceptable in civil society.

• The plaintiff suffered damages.

• The plaintiff experienced emotional distress and bodily harm as a result of the defendant's actions.

Assault, battery, defamation, and false imprisonment are examples of intentional torts.

Strict Liability Torts

Strict liability states that defendants can be held accountable for their actions, regardless of intent. A plaintiff can use this argument in product liability claims to hold the defendant responsible for their injuries. In this situation, the plaintiff has the burden of proving that:

• They were injured.

• The product delivered by the defendant was defective, making it unreasonably dangerous.

• The plaintiff’s damages resulted from the defective item.

• The defendant contributed to the faulty product’s production, assembly, distribution, or sale.

Strict liability can be applied in other cases. These include dog bites and other animal attacks. 

Other Tort Categories in Arkansas

Economic Torts

Economic torts (also known as business torts) are actions that plaintiffs can file after experiencing economic loss due to business transactions. Economic torts, which are defined as "commercial tort claims" in the Arkansas Code, entail the following:

• The claimant is an individual or organization.

• The claim is filed during the course of the claimant's business or profession.

• The claim does not include damages from personal injury or death.

Some examples of economic torts are tortious interference, fraudulent misrepresentation, trade secret theft, and injurious falsehood.

In Arkansas, if the defendant's actions constitute tortious interference, you, as the plaintiff, must prove that you have sustained damages. Tortious interference is defined as the willful disruption of one's business to create economic loss. Contract violations, forcing the end of a business partnership, and interfering with contract duties are examples of this. In particular, you must prove that:

• You, as the plaintiff, suffered losses as a result of the economic interference.

• You had a valid contractual relationship or an expectation of business.

• The defendant was aware of this contractual relationship or business expectation.

• Through improper or malicious interference, the defendant disrupted or terminated the contractual relationship or business expectation.

• Your damages were directly caused by this disruption or termination.

Nuisances

In Arkansas, depending on the location, nuisances are defined as actions or conduct that interfere with the use and enjoyment of land and make it unsafe. Nuisances can be present on both public and private property. Some areas have specific sections on nuisances in their codes, such as Little Rock and Maumelle.

In premises liability cases involving children, the plaintiff is responsible for establishing that their injuries resulted from attractive nuisances on the defendant's property. Such nuisances are objects that are enticing but dangerous to children. To establish attractice nuisance, the plaintiff must demonstrate the following:

• The defendant was aware of, or should have been aware of, a condition on the premises that posed a reasonably foreseeable risk to children.

• The defendant knew or should have reasonably anticipated that minors would be drawn to the dangerous area.

• The cost or inconvenience of repairing the hazardous area would be small compared to the potential harm to children.

• The attractive nuisance was directly responsible for the child's injuries or death. 

With that in mind, it is recommended to consult an attorney with a deep understanding of the intricacies of Arkansas tort laws. 

Torts vs. Crimes in Arkansas

Torts and crimes both deal with the defendant's wrongdoing toward the plaintiff. Torts are usually the result of the defendant's negligence, which causes harm to the plaintiff. Tort claims then focus on compensating the plaintiff for injuries, losses, and other damages experienced as a result of the defendant's actions. Tort claims are subsequently heard in civil court, where the plaintiff may be awarded damages based on the verdict.

On the other hand, crimes like murder, robbery, and battery are actions deemed illegal under common law; they are considered harmful acts against society. Thus, if a defendant is caught and arrested, they will be tried in a criminal court. While tort claims are primarily for improving the plaintiff's life, criminal procedures focus more on punishing the defendant for their actions. The defendant will receive a sentence depending on the verdict, which includes fines and imprisonment.

In some cases, a defendant may face civil and criminal charges for the same complaint. For instance, you file an intentional tort claim against someone for aggravated assault. Because aggravated assault is a felony in Arkansas, the defendant will also face criminal charges. 

Mass Torts in Arkansas

A mass tort is an action that harms a large number of people. In this type of case, multiple plaintiffs file personal injury lawsuits against the same defendant, which is usually a company. Most common mass tort cases involve dangerous drugs, defective products, toxic chemicals like asbestos, and disasters such as plane crashes. 

Plaintiffs can benefit from mass tort litigation. The costs of a lawsuit will be reduced in this type of case because several plaintiffs may share resources, including evidence and expert witnesses. Having multiple individuals file a complaint against the same defendant improves the lawsuit's credibility and demonstrates the harm caused by the defendant's wrongdoing. Furthermore, when each person files a claim, they will receive compensation for their respective damages. 

Mass Torts vs. Class Actions

Mass torts and class actions both involve multiple plaintiffs filing personal injury lawsuits against the same defendant. The difference lies in how many cases are filed and how compensation is awarded.

In a class action, only one lawsuit is filed against the defendant. Then, a representative for all of the plaintiffs involved files the case. This also means that, unlike in a mass tort, where each plaintiff receives a separate award, the award for a class action will be divided between all plaintiffs. 

Remember that for a class action to continue, certain legal conditions must be met. Mass torts enable you to file a separate lawsuit even if your circumstances with the other plaintiffs differ. Meanwhile, in a class action, all plaintiffs must be in a single class.

Another requirement to launch a class action is filing a notice (for monetary relief claims). It must contain details such as the class definition, the nature of the action, and exclusions (if some members want the court to exclude them).  

The Mass Tort Process

Because a mass tort involves a lot of plaintiffs, handling this kind of situation is more complex. Before anything else, you must work with an attorney who can help you understand the process of mass tort lawsuits and prepare you for what to do.  

1. The first step is to gather evidence. Your lawyer, along with the other plaintiffs' attorneys, must analyze medical records, statements, or anything that can strengthen your case. Strive to be honest with your lawyer at this point because the opposing party may cross-examine your medical history and come up with other reasons for your injury or illness. Essentially, the more transparent you are, the better the lawyers can represent you. 

2. With your legal team, assess the uniformity of plaintiff claims before bringing a mass tort action. Every claim in a lawsuit must be similar for it to be labeled a mass tort. For example, a group intends to launch a mass tort lawsuit against a company for a defective product. In this scenario, all individual claims must have an identical foundation. If all plaintiffs get rashes due to a defective product, this symptom must be present in all cases. 

3. Your lawyer will consolidate the claims and file them in federal court. These will be handled in multidistrict litigation. Because of the large number of claims filed, some will be processed through bellwether trials, which are basically test runs for judges to determine how the overall scenario will play out. 

Arkansas Tort Liability Insurance Requirements

If you are a business owner in Arkansas, it is vital to have business liability insurance. While this is not mandatory in the state, it will protect you if you are sued for damages. How much coverage your business needs depends on various factors, such as:

• The size of your business.

• The number of employees in your business.

• Whether your business is high-risk or not.

If you have a vehicle for business operations, it is also important to buy commercial auto insurance. Under the law, each vehicle owner must carry:

• $25,000 per bodily injury.

• $50,000 per accident.

• $25,000 per damage inflicted on another's property.

The Statute of Limitations for Tort Cases in Arkansas

The statute of limitations for filing a tort case in Arkansas depends on the type of complaint. Most claims have a three-year time limit. The following table lists the filing deadlines for common tort claims:

If the victim of a medical malpractice claim is a child aged nine or younger, they have until their 11th birthday to initiate a lawsuit. 

In medical malpractice claims, the date of discovery must also be considered. Sometimes, a plaintiff may belatedly discover a foreign object in their body due to a medical procedure. When this happens, the plaintiff has one year from the date of discovery, or the date the object should have been reasonably discovered, to take legal action. 

How Much Can Someone Sue in a Tort Case in Arkansas?

In Arkansas, a plaintiff may receive two main types of damages in a tort case: economic and non-economic. 

Economic damages are easier to calculate, such as medical bills, lost wages, and other financial-related costs. Meanwhile, non-economic damages like pain and suffering, loss of consortium, and reduced quality of life are harder to compute. According to the Arkansas Constitution, there are no caps on economic and non-economic damages. 

Punitive damages are awarded in specific situations. They are granted when the defendant is proven to have acted maliciously against the plaintiff. In this case, punitive damages are intended to punish defendants for their willful or wanton behavior.

Previously, there were damage caps on punitive damages. The limit was $250,000 to $1 million. This changed in 2011, when the Supreme Court of Arkansas deemed damage caps on punitive damages unconstitutional following the Bayer CropScience LP v. Schafer case. 

Fault System in Negligence Cases

Arkansas utilizes a modified comparative fault system to establish each party's percentage of fault in an accident. As such, if you are determined to be somewhat at fault for the incident, your compensation will be reduced by the percentage of fault.

For example, you filed a negligent tort claim against an individual for injuries suffered in a car accident. The court may grant you $100,000, but if it also determines that you are 20% to blame, your damages will be lowered to $80,000.

If you are found to be at least 50% at fault, you will be barred from obtaining any compensation.

Other Legal Remedies in Tort Cases in Arkansas

Injunction

Arkansas courts can provide injunctions for additional relief in a civil action, including torts. In the state, the court can issue three types of injunctions to defendants: preliminary injunctions, temporary restraining orders, and permanent injunctions. 

The main difference between an injunction and a TRO is that the court can impose the latter without giving the defendant notice. Meanwhile, an injunction requires notice and a court hearing before it can be granted. Once an injunction or temporary restraining order is issued, the order must state its rationale, terms, and covered acts. 

In some cases, courts may provide emergency relief to those seeking an injunction or TRO. These are usually child and adult custody issues where the focus is on protecting the plaintiff’s well-being. 

Restitution

If the action committed against the plaintiff is also a crime (e.g., certain intentional torts), the court may order the defendant to pay restitution. The amount depends on the assigned sentencing authority, whether a jury or trial court. 

If the victim sustained injuries from the offense, the defendant may be required to pay medical bills, therapy, rehabilitation costs, other medical-related expenses, and lost wages of up to $50,000. If the victim is not injured, the sum can be settled between the plaintiff and the defendant or decided by the court. 

Legal Resources for Tort Victims in Arkansas

Arkansas Bar Association

The Arkansas Bar Association caters to attorneys and the general public. It features Find A Lawyer, an online directory where anyone may look for an attorney per location and practice area. Those interested in learning more can contact the organization at 501-375-4606. 

Arkansas Judiciary - Court Forms

The Arkansas Judiciary's website contains a comprehensive list of forms that Arkansans can use when planning to pursue a claim. Notice of hearing and order of protection forms are also available for residents seeking an injunction in civil cases, including torts.  

Arkansas Law Help

Arkansas Law Help provides various resources for residents who want to learn more about their legal situation. It has self-help materials, including fee waivers and small claim forms, for people who want to represent themselves in court in a civil case. Call 1-888-540-2941 for more information.