Negligence is the failure to take proper care when you are required to do so. It occurs when you fail to exercise caution in circumstances where a reasonable person would. In Arkansas, negligence laws have been established to protect individuals from irresponsible behavior. These laws are designed to ensure those who act recklessly will be held accountable for their actions.
Table of Contents
Understanding Negligence
Negligence is when a person or entity fails to act reasonably in a certain situation. It can result in physical harm, emotional distress, financial losses, or even death. To prove negligence, you must demonstrate that a person or entity owed you a duty of care, breached that duty, and caused you harm as a result.
You must also prove that you incurred damages from the incident. Damages can include medical bills, lost wages, and any other expenses you incurred as a result of the negligence.
Types of Negligence
There are four types of negligence that are recognized in Arkansas:
Ordinary Negligence
This is a failure to exercise reasonable care that results in harm to another person.
Gross Negligence
This is an extreme failure to exercise care that is likely to result in harm to another person and shows complete disregard for the safety of others.
Comparative Negligence
This is when both the plaintiff and defendant are found to be negligent, and the plaintiff’s damages are reduced proportionally based on their percentage of fault.
Contributory Negligence
This is when a plaintiff’s own negligence contributes to their injury, and they are therefore barred from receiving any compensation.
Statute of Limitations
There is a statute of limitations in place in Arkansas for filing negligence claims. For personal injury claims, the statute of limitations is three years from the date of the injury. For property damage claims, the statute of limitations is three years from the date of the damage.
It is important to note that if you do not file your claim within the statute of limitations, you will be barred from pursuing the claim further.
Joint and Several Liability
Arkansas follows a joint and several liability model for negligence claims. This means that if multiple parties are found to be responsible for your damages, they can be held jointly and severally liable for the damages incurred.
In other words, if one party is unable to pay their portion of the damages, the other parties may still be held responsible for the full amount.
Negligence in Car Accidents
Car accidents are a common type of personal injury claim in Arkansas. Negligence in car accidents can take many forms, including:
- Speeding
- Texting while driving
- Drunk driving
- Failure to yield
- Reckless driving
- Failing to obey traffic signals
If you have been injured in a car accident due to another driver’s negligence, you may be entitled to compensation for your damages.
Negligence in Medical Malpractice
Medical malpractice occurs when a medical professional fails to provide proper care that results in harm to a patient. Negligence in medical malpractice can take many forms, including:
- Misdiagnosis
- Surgical errors
- Medication errors
- Failure to diagnose
If you have been the victim of medical malpractice, you may be entitled to compensation for your damages.
Hiring a Negligence Lawyer
If you have been the victim of negligence, it is important to hire an experienced lawyer to represent your interests in court. A negligence lawyer can help you understand your legal rights and put together a strong case that will help you recover the compensation you deserve.
Conclusion
Negligence can result in serious harm to victims. Whether it’s in a car accident or due to medical malpractice, understanding the Arkansas negligence laws can help you seek justice and recover the compensation you deserve. It is important to know your legal rights and speak with an experienced negligence lawyer to help you navigate the legal process and achieve a favorable outcome.