Contributory Negligence in Arkansas
State-specific overview · Tort Law
Arkansas uses modified comparative negligence: plaintiffs recover only if less than 50% at fault.
How Arkansas treats Contributory Negligence
Arkansas permits plaintiffs to recover damages reduced by their own percentage of negligence, but only if the plaintiff's negligence is less than the combined negligence of all defendants. If the plaintiff is 50% or more at fault, recovery is barred entirely. Arkansas courts have applied this rule consistently in personal injury litigation since adopting comparative negligence principles.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arkansas.