Ark. Code Ann. § 16-55-201

Modification of joint and several liability

Applied in 15 court decisions — leading case Shipp v. Franklin (2007)

Most recently applied in 2020 Ark. App. 140 - Wynne-Ark., Inc., D/B/A Kelley's Restaurant v. Richard Baughn Construction (February 2020)

Acts 2003, No. 649, § 1.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint.

(2) Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

(3) A separate several judgment shall be rendered against that defendant for that amount.

(4) To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault.

(5) That amount shall be the maximum recoverable against that defendant.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.