Understanding ‘Duty of Care' in Arkansas Wrongful Death Law - Joseph Gates

From Gates Law Firm PLLC – Understanding ‘Duty of Care’ in Arkansas Wrongful Death Law explores the essential legal principles that determine when someone can be held responsible for a death under negligence laws in Arkansas.

In the first part of the podcast, we break down the four foundational elements required in a wrongful death claim under Arkansas law: duty of care, breach of duty, causation, and damages. You’ll hear what each element means in practice — from a driver’s obligation to obey traffic laws, to a doctor’s professional responsibilities, to the responsibilities of property owners or common carriers.

Next, we dig into how “duty of care” is defined under Arkansas standards. The baseline for most cases is “ordinary care,” meaning what a reasonably careful person would do under similar circumstances. But the duty shifts depending on context: a medical professional faces a specialized standard under the locality rule, a property owner’s duty varies depending on whether a visitor is an invitee or trespasser, and a common carrier such as a bus or train company must exercise the highest degree of care.

Finally — and importantly — we discuss how the legal concept of fault can be complicated by the state’s Arkansas Modified Comparative Fault Rule. Under that rule, if the deceased is found partly at fault, compensation may be reduced — or barred entirely if their share of fault reaches a 50 percent threshold. The episode emphasizes how crucial thorough investigation, evidence gathering, and informed legal representation are for families seeking justice after a tragic loss.

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