Blog
Child’s Severe Burns From Space Heater Do Not Result In Landlord Liability For Failed Heating System.
A landlord had a duty to provide heat to his tenant’s residence and knew that the furnace was broken. Yet, the landlord was held to have no liability when his tenant’s nine-year old granddaughter suffered extensive burns after her dress came in contact with a space...
Making Bad Decisions Leads to More Bad Decisions: Meth Use Does Not Invalidate Consent to a Police Search.
Methamphetamine is an insidious drug that can cause serious turmoil in the lives of its users. That point is exemplified in the recent case of Dye v. State, 2018 Ark. App. 545 (Ark. App. 2018), in which a methamphetamine user consented to a police search of his house,...
No Noise Ordinance In Your Community? Fire Away!
Owners of land surrounding a shooting range constructed by an American Legion Post on a 40 acre tract in rural Arkansas County filed suit to stop the operation of the range, arguing that noise from the range constituted a nuisance. In a 4-3 decision, the Arkansas...
To Catch a Catfish: A Woman’s Impersonation of a Deceased Romantic Rival Provided Sufficient Proof of Murder
"Catfishing" is a well known phenomenon in modern society in which a person adopts the digital identity of a real person, or even a non-existent person, on social media and/or other digital platforms, as a means of deceiving someone for romantic, financial, or other...
Powers of Attorney: They Mean What They Say.
Powers of attorney are documents used to designate a person (the attorney-in-fact) who is authorized to act for the signer under particular circumstances (a limited power of attorney), or generally (a general power of attorney), and may be drafted to allow the...
Emotional Distress Without Physical Injury = No Lawsuit.
At 2 a.m., a drunk driver crashes through your house while you sleep. You aren’t physically injured, but the incident dredges up memories of a past accident which claimed the life of your mother and daughter and now you have nightmares and trouble concentrating. Do...
Did You Sign Away Your Right To A Jury Trial? Maybe Not.
“The right of trial by jury shall remain inviolate . . . .” Ark. Const. Article 2, §7. The right to a jury trial is a part of our State Constitution, but that right has always been subject to certain limitations. Now, as a result of a recent Arkansas Supreme Court...
Let’s Be Civil. Joint Custody of Your Child Depends On It.
Arkansas law favors joint custody of children following a divorce. But if mom and dad cannot cooperate and communicate with each other, a joint custody arrangement will not be tolerated by our courts. Civility, or a lack thereof – we’re used to hearing about the issue...
Don’t Like That VRBO Vacation Rental Next Door? Read Your Covenants Before You Complain!
Vacation travel isn’t just about hotel rooms anymore. VRBO.com and Airbnb.com are often the first places people look for lodging when traveling out of town. But what if it is the house next door to yours that is suddenly on the short-term rental market? Before you...
It is Good to be King: No, You Cannot Sue the State!
In battles between the proverbial David and Goliath, sometimes the giant wins. That is often the case when it comes to wrongful acts committed by the State of Arkansas, as the state is protected by sovereign immunity. The doctrine of sovereign immunity generally...