In a past blog post, we predicted that data is arguably the products liability issue of the future. Dealing with data is already often a critical part of products liability lawsuits, but with the rise of artificial...more
Data is arguably the products liability issue of the future. Dealing with data is often already a critical part of products liability lawsuits, but with the rise of artificial intelligence and automation, product...more
Is there a defense where a plaintiff altered a product? Yes. In an Arkansas products liability claim, the plaintiff must prove that the product was supplied by the defendant in a defective condition. AMI 1008. “If a product...more
Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not...more
Does Arkansas law recognize a claim for failure to instruct? Yes. But this cause of action applies only to manufacturers, not suppliers...more
Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and...more
No. Arkansas has not adopted alternative or market share liability, but has retained the traditional requirement of proximate cause in all tort cases. See Woodward v. Blythe, 249 Ark. 793, 462 S.W.2d 205 (1971). To prove a...more
Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the...more
Last week we wrote about the status of Arkansas’ law recognizing a post-sale duty to warn, ultimately concluding that Arkansas Courts have not recognized the existence of any such duty. This week we will explain how, despite...more
Does Arkansas law recognize a post-sale duty to warn? In a nutshell, no. While Arkansas state courts have not expressly considered the issue, all legal authority indicates that the answer is indeed “no.” To support this...more
Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For...more
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more
12/11/2019
/ Appeals ,
Breach of Warranty ,
Default Judgment ,
Defense Strategies ,
Dismissals ,
Failure To State A Claim ,
Fraud ,
Gross Negligence ,
Manufacturers ,
Motion to Dismiss ,
Negligence ,
Product Defects ,
Rules of Civil Procedure ,
Strict Liability
Self-driving cars and related legal issues have captivated the cybersecurity world as of late. And with good reason. In 2018 we saw the first fatality associated with a self-driving Uber, adding to the growing attention paid...more
5/15/2018
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
Innovative Technology ,
Manufacturers ,
Motor Vehicles ,
NTSB ,
Popular ,
Regulatory Standards ,
Safety Standards ,
State and Local Government ,
Uber