XIII. TORTS

A. ASSAULT. Actions for assault shall be commenced within one (1) year after the cause of action accrues. A.C.A. § 16-56-104(2) (1987 & Supp. 2001).

 

B. BATTERY. Actions for battery shall be commenced within one (1) year after the cause of action accrues. A.C.A. § 16-56-104(2) (1987 & Supp. 2001).

 

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) (1987).

 

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 (Repl. 2002).

 

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 the improvement more than four (4) years_. after substantial completion of the improvement. A.C.A. § 16-56-112(a) (1987 & Supp. 001). 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) (1987 & Supp. 2001). 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) (1987 & Supp. 2001).

 

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 owner, tenant, or otherwise, of such an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death. A.C.A. § 16-56-112(d) (1987 & Supp. 2001).

F. FALSE IMPRISONMENT. An action for false imprisonment shall be commenced within one (1) year after the cause of action shall accrue, and not thereafter. A.C.A. § 16-56-104 (2) (1987 & Supp. 2001).

 

G. LIBEL. All actions for libel shall be commenced within three (3) years after the cause of action accrues. A.C.A. § 16-56-105(5) (1987).

 

H. MEDICAL INJURY.

 

1. Generally. All actions for medical injury shall be commenced within two (2) years after the cause of action accrues. A.C.A. § 16-114-203(a) (1987 & Supp. 2001).

 

2. Foreign objects. Where a medical injury action is based upon the discovery of a foreign object in the body which is not discovered and could not reasonably have been discovered within the two-year limitation period for medical injuries codified in A.C.A. § 16-114­203(a), the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.

A.C.A. § 16-114-203(b) (1987 & Supp. 2001).

 

3. Minors: age nine (9) or younger. If an individual is nine (9) years of age or younger at the time of the act, omission or failure complained of, or the person claiming on behalf of the minor shall have until the later of the minor's eleventh birthday or two (2) years from the act, omission or failure in which to commence an action. However, if no medical injury is known and could not reasonably have been discovered prior to the minor's eleventh birthday, then the minor or his representative shall have until the earlier of two (2) years after the medical injury is known or reasonably could have been discovered, or until the minor's nineteenth birthday in which to commence an action. A.C.A. § 16-1.14-203(c)

(1987 & Supp. 2001).

 

I. NEGLIGENCE. All actions founded on any obligation or liability not in writing, expressed or implied, shall be commenced within three (3) years after the cause of action accrues. A.C.A. § 16-56-105 (1987).

 

J. PRODUCTS LIABILITY. All products liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs. A.C.A. § 16­116-103 (1987).

K. SEXUAL ABUSE. Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor, but is not discovered until after the injured person reaches the age of majority, shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party. A.C.A. § 16-56-130 (1987 & Supp. 2001).

L. SLANDER. All actions for slanderous words spoken shall be commenced within one (1) year after the cause of action accrues. A.C.A. § 16-56-110(a), (c) (1987).

 

M. TRESPASS. All actions for trespass on land shall be commenced within three (3) years after the cause of action accrues. A.C.A. § 16-56-105(4) (1987).

 

N. WORDS SPOKEN SLANDERING CHARACTER OF ANOTHER. All actions for words spoken slandering the character of another shall be commenced within one (1) year after the cause of action accrues. A.C.A. § 16-56-104(3) (1987 & Supp. 2001).

 

0. WORDS SPOKEN WHEREBY SPECIAL DAMAGES ARE SUSTAINED. All actions for words spoken whereby special damages are sustained shall be commenced within one (1)_. year after the cause of action accrues. A.C.A. § 16-56-104(4) (1987 & Supp. 2001).

 

P. UNCLASSIFIED TORTS. All actions not included in A.C.A. § 16-56-104,105,108 and 109 shall be commenced within five (5) years after the cause of action has accrued. A.C.A. § 16­56-115 (1987).

 

Q. WRONGFUL DEATH.

 

1. Generally. Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed. If a nonsuit is suffered, such action shall be brought within one (1) year from the date of the nonsuit without regard to the date of death of the person alleged to have been wrongfully killed. A.C.A. § 16-62-102(c) (1987 & Supp. 2001).

 

2. Medical malpractice. See also Hertlein v. St. Paul Fire & Marine Ins. Co., 323 Ark. 283, 914 S.W.2d 303 (1996), recognizing that the limitations period provided under the Wrongful Death Act, A.C.A. § 16-62-102, and the limitations period for wrongful death caused by medical malpractice provided in A.C.A. § 16-114-203 are inconsistent and holding that the limitations period provided in A.C.A. § 16-114-203 shall control.

 

a. Generally. All actions for medical injury shall be commenced within two (2) years after the cause of action accrues. A.C.A. § 16-114-203(a) (1987 & Supp. 2001).

 

b. Foreign objects. Where a medical injury action is based upon the discovery of a foreign object in the body which is not discovered and could not reasonably have been discovered within the two-year limitation period for medical injuries codified in A.C.A. § 16-114-203(a), the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier. A.C.A. § 16-114-203(b) (1987 & Supp. 2001).

 

c. Minors: age nine or younger. If an individual is nine (9) years of age or younger at the time of the act, omission or failure complained of, or the person claiming on behalf of the minor shall have until the later of the minor's eleventh birthday or two (2) years from the act, omission or failure in which to commence an action. However, if no