Arkansas Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options
Arkansas Asbestos Law Details
Arkansas law governs asbestos-related injury claims through a combination of statutory deadlines, court-developed doctrines, and constitutional constraints on damages reform. While the state has adopted a modified comparative fault system and permits allocation of fault among multiple parties, it also preserves broad rights for asbestos plaintiffs—especially in cases involving latent disease discovery and product liability.
This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn’t realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.
If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.
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Arkansas Asbestos Law Summary
Legal Topic | Arkansas Law | What This Means for Your Family |
|---|---|---|
Deadlines and Accrual Rules | ||
Filing Deadline – Personal Injury | 3 years from discovery in product liability cases (Ark. Code Ann. § 16-56-105) | You have 3 years from when the asbestos-related illness is discovered or should have been discovered to file your claim. |
Filing Deadline – Wrongful Death | 3 years from date of death (Ark. Code Ann. § 16-62-102(c)) | Families must file wrongful death claims within 3 years of the loved one’s passing, regardless of when they learned asbestos was the cause. |
Minor Tolling | Tolled until age 11 or 2 years from negligence, whichever is later (Ark. Code Ann. § 16-114-203(c)(1)) | Children affected by asbestos exposure may have more time to file, depending on their age when exposed. |
Statute of Repose | None for product liability (Lankford v. Sullivan); 8 years for construction claims (Ark. Code Ann. § 16-56-112) | Asbestos product claims are not time-barred by repose. Construction-related claims may be limited to 8 years from completion. |
Standards of Proof and Causation | ||
Causation Standard | Reasonable probability, not mere possibility (Dodson v. Charter, 335 Ark. 96) | You must prove that asbestos exposure was more likely than not the cause of the illness, supported by credible evidence. |
Expert Testimony | Required in complex cases; governed by Daubert standard (Ark. R. Evid. 702) | Medical and scientific experts must use reliable and accepted methods when testifying in court. |
Punitive Damages Standard | Clear and convincing evidence of malice or reckless disregard (Ark. Code Ann. § 16-55-206) | Punitive damages are only awarded if defendants acted with intentional or reckless disregard for safety. |
Damage Rules | ||
Economic Damage Caps | No cap (Ark. Const. Art. 5 § 32) | You may recover the full cost of medical care, lost income, and related financial losses. |
Noneconomic Damage Caps | No cap (Ark. Const. Art. 5 § 32) | There are no limits on compensation for pain, suffering, and emotional distress in asbestos cases. |
Punitive Damage Caps | No cap; prior caps struck down (Bayer v. Schafer, 2011 Ark. 518) | Punitive damages may be awarded without a statutory limit, though they must meet constitutional due process standards. |
Liability and Fault Rules | ||
Comparative Fault | Modified 50% bar rule (Ark. Code Ann. § 16-64-122) | You may recover if you are less than 50% at fault. If you are 50% or more at fault, recovery is barred. |
Joint and Several Liability | Abolished in most cases (Ark. Code Ann. § 16-55-201) | Each defendant only pays their share. You can’t collect unpaid portions from other companies unless specific exceptions apply. |
Other Considerations | ||
Collateral Source Rule | Traditional rule applies (Johnson v. Rockwell, 2009 Ark. 241) | Defendants cannot reduce your award based on insurance, disability, or other outside payments. |
Wrongful Death Recovery | Statutory beneficiaries may sue (Ark. Code Ann. § 16-62-102) | Spouses, children, or other dependents may recover for loss of companionship, support, and more. |
Survival Action | Estate may recover damages before death (Ark. Code Ann. § 16-62-101) | The estate may bring claims for harm suffered by the deceased before they passed away. |
Statutes of Limitation and Repose
Arkansas applies a three-year statute of limitations to personal injury and wrongful death claims, including those arising from asbestos exposure (Ark. Code Ann. §§ 16-56-105; 16-62-102(c)). In personal injury cases, the discovery rule applies for product liability claims (Martin v. Arthur, 339 Ark. 149 (1999))—meaning the clock starts when the injury is, or should reasonably be, discovered. For wrongful death, however, the cause of action accrues at the time of death, not discovery.
There is no statute of repose for asbestos product liability claims in Arkansas. A 10-year repose statute previously codified at § 16-116-203 was held unconstitutional by the Arkansas Supreme Court in Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (1982). However, for construction-related claims against designers or contractors, an eight-year repose period applies under § 16-56-112.
The statute of limitations is tolled for minors until their 11th birthday or two years from the date of negligence, whichever is later, for medical malpractice actions (Ark. Code Ann. § 16-114-203(c)(1)). Equitable tolling is also available in limited cases, such as fraud or concealment.
Eligibility to Sue
Individuals diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases may file suit. If the injured person has died, a wrongful death action may be brought by defined statutory beneficiaries (Ark. Code Ann. § 16-62-102), and a survival action may be brought by the estate under § 16-62-101
Workers’ Compensation Limitations
Under the Arkansas Workers’ Compensation Act (Ark. Code Ann. § 11-9-105), workers generally cannot sue their employer for job-related asbestos exposure if they’ve received compensation benefits. However:
Third-party lawsuits (e.g., against asbestos product manufacturers or property owners) are permitted (§ 11-9-410).
Intentional torts by employers may allow a lawsuit—but only if there’s clear intent to injure, not just willful disregard (Hill v. Patterson, 313 Ark. 322 (1993)).
Employers or insurers have a subrogation lien against any third-party recovery by the employee (§ 11-9-410(b)).
Damages and Caps
Arkansas has no caps on economic or noneconomic damages in personal injury or wrongful death cases. Although the 2003 Civil Justice Reform Act attempted to impose punitive damage caps, those were struck down by the Arkansas Supreme Court in Bayer CropScience v. Schafer, 2011 Ark. 518Tort Law mid-2025 Arkan….
Constitutional protection: Article 5, § 32 of the Arkansas Constitution prohibits statutory limits on damages for death or personal injury.
Punitive damages remain uncapped but subject to heightened proof standards and due process review.
Comparative Fault and Liability Rules
Arkansas uses a modified comparative fault system (Ark. Code Ann. § 16-64-122):
Plaintiffs who are 50% or more at fault cannot recover.
If fault is 49% or less, the plaintiff’s recovery is reduced proportionally.
Arkansas has abolished traditional joint and several liability for incidents occurring after March 25, 2003 (Ark. Code Ann. § 16-55-201). Each defendant is only responsible for their percentage of fault, unless:
They acted in concert with another tortfeasor (§ 16-55-205), or
Another defendant cannot pay and they were more than 10% at fault (§ 16-55-203).
Collateral Source Rule
Arkansas follows the traditional collateral source rule, which prohibits defendants from reducing damages based on compensation the plaintiff received from insurance or other sources. An attempt to limit this rule through tort reform was ruled unconstitutional (Johnson v. Rockwell Automation, 2009 Ark. 241).
Standards of Proof and Causation
In asbestos litigation, Arkansas plaintiffs must prove both cause in fact and proximate cause—that the defendant’s conduct directly resulted in injury (Dodson v. Charter Behavioral Health Sys., 335 Ark. 96 (1998)). The injury must be proven as a reasonable probability, not just a possibility.
Arkansas courts generally require expert testimony in asbestos and medical-related cases unless the issue is within common knowledge. Courts apply the Daubert standard through Rule 702 of the Arkansas Rules of Evidence, ensuring expert opinions are based on reliable and relevant scientific principles.
To obtain punitive damages, plaintiffs must show clear and convincing evidence that the defendant acted maliciously or recklessly, or deliberately disregarded a known danger (Ark. Code Ann. § 16-55-206).
How Arkansas’s Laws Work in Practice
Meet Curtis, a 66-year-old retired paper mill worker from Pine Bluff. From the early 1980s through the late 1990s, he worked in a facility that routinely used asbestos-insulated pumps, valves, and steam lines. Curtis regularly handled gaskets and packing material, often without protective equipment. In May 2024, he was diagnosed with mesothelioma after developing chronic breathing problems.
Because Arkansas applies the discovery rule in product liability cases (Martin v. Arthur, 339 Ark. 149 (1999)), Curtis’s three-year statute of limitations began in May 2024, when he was formally diagnosed and linked the disease to asbestos exposure—not when he was exposed 30 years earlier. That means he has until May 2027 to file a personal injury lawsuit.
Arkansas follows a modified comparative fault system. If Curtis is found less than 50% at fault—for instance, if a jury believes he ignored safety warnings but was still primarily put at risk by the manufacturer—he can still recover compensation. But if he’s found 50% or more at fault, he may be barred from any recovery (Ark. Code Ann. § 16-64-122).
Curtis can seek full compensation for his economic losses and pain and suffering, since Arkansas places no caps on compensatory damages. His legal team may also pursue punitive damages if they can show clear and convincing evidence that the companies involved knew about the asbestos risks and acted with reckless disregard (Ark. Code Ann. § 16-55-206).
Importantly, Curtis's award cannot be reduced based on his receipt of Social Security, health insurance, or other outside benefits. Arkansas’s collateral source rule protects him from such reductions—even if the defendants try to raise the issue at trial.
Because Arkansas abolished joint and several liability, each defendant will only be responsible for their share of fault. If one company is bankrupt or missing from the case, Curtis won’t be able to recover that share from the others—highlighting the need to identify all viable defendants early on.
This is a hypothetical example based on real Arkansas laws. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Arkansas law may apply to your situation.
Legal Options for Families in Arkansas Affected by Asbestos
Most asbestos victims—and their families—qualify for multiple types of legal relief. Depending on how and where the exposure occurred, we may be able to pursue:
Many companies have established bankruptcy trusts to provide compensation to individuals affected by asbestos. These trusts can help cover medical expenses or lost wages without the need for a lawsuit. Our law firm is here to help you determine your eligibility and assist you in filing these claims.
If you're an Arkansas resident who has fallen ill due to exposure to asbestos-containing products, such as automotive or industrial parts, you have the right to sue the manufacturers. These lawsuits can provide compensation for your pain, medical bills, and lost income.
Arkansas residents suffering from asbestos-related illnesses may be eligible for Social Security disability benefits. Veterans who were exposed to asbestos during their service may also qualify for VA disability benefits. These claims can provide much-needed financial support during this challenging time.
Learn more about the legal options available to your family
Ready For Help?
Understanding the intricacies of asbestos laws in Arkansas can be daunting, but rest assured, you don't have to decipher them on your own. Every asbestos case is unique, with its own set of challenges and complexities. Our dedicated team is here to guide you through the process, helping you understand your rights and the potential for compensation.
Even if your exposure to asbestos occurred many years ago, you may still be entitled to file a claim. We'll help you explore all your options, including asbestos trust claims, lawsuits, and more. Don't hesitate to reach out to us using the form below. We're here to support you every step of the way, ensuring you get the justice you deserve.
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