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ARKANSAS
PRODUCT
LIABILITY
LAWYERS
If you have been injured by a defective consumer product, medical device, or vehicle in Arkansas, you may be entitled to compensation under the Arkansas Product Liability Act of 1979. Our firm provides statewide representation to ensure manufacturers, distributors, and retailers are held accountable for the harm they cause.
For over 30 years The Brad Hendricks Law Firm has been helping Arkansans with their Product Liability cases. If you or a loved one have been injured due to a faulty product contact us for a free case evaluation today.
Have you been injured due to a product failing?
In product liability law, legal claims generally fall into three distinct categories. To succeed in a claim, a plaintiff must typically prove that the product was defective under one of the following legal theories:
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Design Defects: This theory focuses on the product’s blueprint. A design defect exists when a product is inherently dangerous because of its specifications, regardless of how carefully it was manufactured. Under this theory, the entire line of products is considered defective because a safer alternative design was available and economically feasible.
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Manufacturing Defects: These claims arise when a product departs from its intended design due to an error during the assembly or production process. Unlike a design defect, a manufacturing defect usually affects only a specific batch or a single unit. The legal focus here is on whether the individual item that caused injury failed to meet the manufacturer's own quality standards.
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Failure to Warn (Marketing Defects): Also known as marketing defects, this theory involves products that are properly designed and manufactured but still pose non-obvious risks. A manufacturer may be held liable if they fail to provide adequate instructions or clear, conspicuous warnings regarding the potential dangers associated with the product's foreseeable use.
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Navigating Arkansas Product Liability Laws & Regulations
When pursuing a product liability case in Arkansas, several key statutes and legal principles dictate how and when a claim must be filed. Understanding these timelines and liability standards is critical for a successful recovery.
Strict Liability
Arkansas law utilizes the doctrine of Strict Liability to protect consumers. Under this principle, a plaintiff does not necessarily have to prove that a manufacturer was negligent or "careless" in their process. Instead, the legal focus is on the product itself. To prevail, you must simply demonstrate that:
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The product was supplied in a defective condition.
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The defect rendered the product unreasonably dangerous.
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The defect was the proximate cause of the user's injuries or damages.
Statute of Limitations:
In Arkansas, the clock starts ticking the moment an injury occurs. Under Ark. Code § 16-116-203, you generally have three (3) years from the date of the injury to file a formal product liability lawsuit. Failing to file within this window typically results in the permanent loss of your right to seek compensation.
Breach of Warranty
While the standard personal injury timeline is three years, claims specifically involving a Breach of Warranty may be governed by the Uniform Commercial Code (UCC). In these instances, the deadline is often extended to four (4) years. Because these timelines can overlap or conflict based on the details of your contract, it is vital to categorize the claim correctly early on.
Common Defective Product Cases We Handle
What to Do After an Injury
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Preserve the Product: Do not throw it away or attempt to fix it. It is your most important piece of evidence.
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Keep the Packaging: Receipts, manuals, and boxes help identify the manufacturer and lot number.
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Seek Medical Attention: Document the link between the product and your injury immediately.
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Contact The Brad Hendricks Law Firm: We investigate the chain of distribution to find all liable parties.
Serving All of Arkansas: From the Delta to the Ozarks
We provide localized legal support across the entire state. Our firm is deeply familiar with the specific Arkansas Consumer Laws and court systems in:
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Central Arkansas: Little Rock, North Little Rock, Conway, and Benton.
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Northwest Arkansas (NWA): Fayetteville, Rogers, Bentonville, and Springdale.
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Northeast Arkansas: Jonesboro and West Memphis (the "Crossroads of America").
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The River Valley: Fort Smith and Russellville.
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