Arkansas’s Comparative Negligence Rule

Negligence, in legal terms, refers to an individual’s failure to exercise the standard of care that a reasonable person would use under similar circumstances. Under Arkansas’ comparative negligence rule, if an individual is injured due to someone else’s negligence, then that individual may be entitled to recover compensation from that negligent party, as long as they can also prove that they were not more than 50% at fault for the accident. In Arkansas, the comparative negligence rule is applied to both contributory negligence and pure comparative fault.

Contrary to the old rule of contributory negligence, which barred the possibility of recovery if the injured party was found to be even slightly at fault for the accident, the comparative negligence rule allows the injured party to still recover some compensation from the other party as long as they were not more than 50% responsible for the accident. Under this approach, the total damages award is reduced by the percentage of fault assigned to the claimant. For example, if the claimant is found to be 25% at fault for the accident, then their total damages award would be reduced by 25%.

One of the key aspects of the comparative negligence rule is that it forces parties to be more mindful of their behavior when engaging in activities that may involve litigation. This helps to ensure that people do not act carelessly and put themselves or others at risk of injury.

Additionally, the rule encourages fair compensation for injury victims who might have otherwise been barred from any recovery under the old rule of contributory negligence. While no amount of money can reverse the physical and psychological damages caused by an accident, a financial award can help to make the victim whole again by covering medical expenses, lost wages, and other related costs.

The Arkansas legislature has codified the rule of comparative negligence in Ark.Code Ann. §16-64-114. This section explains how a court will determine the degree of fault attributed to each party and how much each party is liable for in damages. The statute also specifies how “contribution of negligence” should be apportioned among multiple parties and how apportionment should be made between the injured party and a joint tortfeasor.

Although the rule of comparative negligence gives accident victims more opportunities to recover compensation, it is important to note that parties who are found to be 50% or more at fault for an accident are not eligible for recovery under Arkansas law. Therefore, it is important for individuals to take all reasonable steps to ensure their own safety before engaging in any activity that could end up in litigation in order to minimize their own liability.

The comparative negligence rule plays a vital role in shaping how people interact with one another in Arkansas. Not only does it help to ensure that those who negligently cause an accident are held accountable, but it also encourages people to be mindful of their own safety in order to avoid becoming liable for an accident. In the end, the relative ease and fairness of the comparative negligence rule allows Arkansas to maintain justice and provide reasonably satisfactory compensation to injury victims.