XIII. Torts

• Library: Guide to Arkansas Statutes of Limitations (2022 Ed.)

A. ASSAULT. Actions for assault shall be commenced within one (1) year after the cause of action accrues and not thereafter. A.C.A. § 16-56-104(2).

B. BATTERY. Actions for battery shall be commenced within one (1) year after the cause of action accrues and not thereafter. A.C.A. § 16-56-104(2).

C. CONVERSION. All actions for taking or injuring any goods or chattels shall be commenced within three (3) years after the cause of action accrues. A.C.A. § 16-56-105(6).

D. CORPORATE EMPLOYEE. Actions brought against a corporation for injury or death of an employee of the corporation shall be commenced within three (3) years from the date the cause of action accrued. A.C.A. § 11-8-107.

E. DEFICIENCY IN DESIGN, CONSTRUCTION, OR REPAIR.

1. Action in tort or contract to recover damages for personal injury or wrongful death. No action in tort or contract, whether oral or written, sealed or unsealed, to recover damages for personal injury or wrongful death caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repairing of any improvement to real property shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction and repair of improvement more than four (4) years after substantial completion of the improvement. A.C.A. § 16-56-112(b)(1). In the case of personal injury or an injury causing wrongful death, which injury occurred during the third year after the substantial completion, an action in tort or contract to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which injury occurred, irrespective of the date of death, but in no event shall such an action be brought more than five (5) years after the substantial completion of construction of such improvement. A.C.A. § 16-56-112(b)(2). The foregoing limitations shall also apply to any action for damages caused by any deficiency in surveying, establishing, or making the boundaries of real property, the preparation of maps, or the performance of any other engineering or architectural work upon real property or improvements to real property. A.C.A. § 16-56-112(c).
2. Fraudulent concealment of a defect. The limitations prescribed by this section shall not apply in the event of fraudulent concealment of the deficiency, nor shall the limitation be asserted by way of defense by any person in actual possession or control, as

...