Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar
Circuit # 8

>Photo of Arkansas

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property 5 years
  • Breach of Contract (Written) 5 years
  • Personal Property 3 years
  • Personal Injury 3 years
    • Medical Malpractice 2 years
  • Warranty N/A
    • Property Damage 4 years
    • Personal Injury 3 years

Able to Pursue Owner

Sue Owner for Negligence – YES
Suspend Owner’s License – YES

Deductible Reimbursement

Pro Rata State

A.C.A. § 054 00 043


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Federal garnishment rules and exemptions are used

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child maliciously or willfully destroys property of a person, village, school district, religious or charitable organization, Municipal Corporation, or association

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.