Ark. Code Ann. § 16-61-202

Right of contribution — Accrual — Pro rata share

Applied in 18 court decisions — leading case Findley v. Falise (1995)

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

Acts 1941, No. 315, § 2; 1949, No. 35, § 1; A.S.A. 1947, § 34-1002; Acts 2013, No. 1116, § 3.

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) The right of contribution exists among joint tortfeasors.

(2) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share of the common liability.

(3) The right of contribution is not limited to money damages but also includes the right to an allocation of fault as among all joint tortfeasors and the rights provided for in § 16-61-204.

(4) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

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.