Arkansas Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
In Arkansas, the modified comparative fault rule applies when an accident victim is found to be 49 percent or less at fault for the crash. If the accident victim is at least 50 percent liable for the collision, he or she cannot pursue damages from other involved parties.
Subchapter 1 - General Provisions. § 16-56-126 - Commencement of new action or filing mandate after nonsuit or arrest or reversal of judgment. 16-56-126. Commencement of new action or filing mandate after nonsuit or arrest or reversal of judgment.
Wrongful death arises when a person dies due to the negligent or intentional act of another person or company. The Arkansas wrongful death statute is AR Code § 16-62-102. This statute outlines the rules for filing a wrongful death lawsuit in Arkansas and the rights of those who have lost a loved one to wrongful death.
A.C.A. § 16-56-112 concerns the limitation period for bringing an action arising from the deficiency in the design, planning, supervision, or observation of construction or the construction and repair of any improvement to real property or for injury to real or personal property caused by a deficiency.
In Arkansas, the modified comparative fault rule applies when an accident victim is found to be 49 percent or less at fault for the crash. If the accident victim is at least 50 percent liable for the collision, he or she cannot pursue damages from other involved parties.
Only one case,'8 now overruled, has squarely held that the doc- trine of comparative negligence is a procedural matter. The now universal rule is that the doctrine is a matter of substance giving a right to recover not recognized by the common law.
Code Ann. § 16-64-122(a), which provides in pertinent part that ?liability shall be determined by comparing the fault chargeable to a claiming party with the fault chargeable to the party or parties from whom the claiming party seeks to recover damages.? (Emphasis added.)