Negligence in Arkansas
State-specific overview · Tort Law
Arkansas follows comparative negligence with a 50% bar, allowing recovery only if plaintiff's negligence is less than the defendant's negligence.
How Arkansas treats Negligence
Arkansas courts apply the reasonable person standard to determine whether a defendant owed and breached a duty of care. Under Arkansas's comparative negligence rule, a plaintiff may recover damages only if their negligence is less than the negligence of the defendant. If negligence is equal or the plaintiff is more negligent, recovery is barred entirely. The plaintiff's recovery is reduced by their percentage of comparative negligence.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.