Tag Archives: Malfunction Theory

Product Fire

Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory


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To establish a product liability claim in Arkansas, the plaintiff must prove that the product was supplied in a defective condition, which rendered it unreasonably dangerous and that the defective condition was the proximate cause of the claimed damage or injury. Ordinarily, a plaintiff relies upon direct evidence of a product defect to establish its product liability claim. However, in some cases, the product sustains so much damage that it is impossible for a plaintiff to obtain direct evidence of a defect. Continue reading

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