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16-61-202. Right of contribution — Accrual — Pro rata share.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-61-202. Right of contribution — Accrual — Pro rata share.
(a) The right of contribution exists among joint tortfeasors.
(b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share of the common liability.
(c) The right of contribution is not limited to money damages but also includes the right to an allocation of fault as among all joint tortfeasors and the rights provided for in § 16-61-204.
(d) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-61-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-61-202
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9743fab92bf2c93894dc7fbacf99598f68ffdb76e15a3716d39725652c156dbe
Source location: content.xml paragraph 22868
Stored source content
16-61-202. Right of contribution — Accrual — Pro rata share.
(a) The right of contribution exists among joint tortfeasors.
(b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share of the common liability.
(c) The right of contribution is not limited to money damages but also includes the right to an allocation of fault as among all joint tortfeasors and the rights provided for in § 16-61-204.
(d) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-61-204. Release — Effect on injured person's claim and on right of contribution.
(a) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides.
(b) A release by the injured person of a joint tortfeasor does not relieve the released tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other joint tortfeasor to secure a money judgment for contribution has accrued and provides for a reduction, to the extent of the pro rata share of the released joint tortfeasor, of the injured person's damages recoverable against all other joint tortfeasors.
(c) When the injured person releases a joint tortfeasor, the injured person's damages recoverable against all the other joint tortfeasors shall be reduced by the greatest of the following:
(1) The amount of the consideration paid for the release;
(2) The pro rata share of the released joint tortfeasor's responsibility for the injured person's damages; or
(3) Any amount or proportion by which the release provides that the total claim shall be reduced.
(d) When the injured person releases a joint tortfeasor, the remaining defendants are entitled to a determination by the finder of fact of the released joint tortsfeasor's pro rata share of responsibility for the injured person's damages.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-61-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-61-204. This identifies an authority to review, not proof of applicability.