Arkansas Statute of Limitations for Civil Cases
Arkansas Statutes of Limitations for Civil Cases
Understanding statutes of limitations is critical for litigants and attorneys in Arkansas. Missing a deadline can result in permanent loss of your right to sue—the claim is barred forever. This guide covers the major cause-of-action categories under Arkansas law and explains how to calculate these deadlines accurately.
Overview of Arkansas Limitation Framework
Arkansas codifies its statutes of limitations primarily in Ark. Code Ann. § 16-56-101 et seq. This section establishes the general civil limitations period and carves out specific exceptions for particular claims. The state uses a straightforward numerical system: most civil actions have set time periods measured from the date the cause of action accrues.
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Personal Injury
Limitation Period: 3 years
Statute Citation: Ark. Code Ann. § 16-56-105(1)
When the Clock Starts: The cause of action accrues when the injury occurs and the plaintiff knows (or reasonably should know) of the injury.
Personal injury claims in Arkansas—including those arising from negligence, assault, or battery—must be filed within three years of the date of injury. The accrual date is straightforward for most cases: if you are injured in a car accident on January 15, 2024, your three-year deadline is January 15, 2027.
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Breach of Written Contract
Limitation Period: 5 years
Statute Citation: Ark. Code Ann. § 16-56-105(3)
When the Clock Starts: The cause of action accrues when the breach occurs.
Written contracts—including purchase agreements, employment agreements, leases, and service contracts—have a five-year statute of limitations in Arkansas. If a contractor fails to complete work on July 1, 2024, the deadline to sue is July 1, 2029. Note that the clock starts when the breach happens, not when the plaintiff discovers it (though the discovery rule may apply in limited circumstances; see the Discovery Rule section below).
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Breach of Oral Contract
Limitation Period: 3 years
Statute Citation: Ark. Code Ann. § 16-56-105(1)
When the Clock Starts: The cause of action accrues when the breach occurs.
Oral contracts are treated more strictly than written ones under Arkansas law. They fall under the general three-year limitation period applicable to actions not specifically enumerated. If someone verbally agrees to sell you property and then refuses, your three-year clock starts from the date of the breach or failure to perform.
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Fraud
Limitation Period: 3 years (discovery rule applies)
Statute Citation: Ark. Code Ann. § 16-56-105(1)
When the Clock Starts: The cause of action accrues when the plaintiff discovers, or by reasonable diligence should have discovered, the fraudulent concealment.
Fraud claims receive special treatment under Arkansas law through application of the discovery rule. Unlike breach of contract, where the clock starts at the breach itself, fraud accrues only when you discover (or reasonably should discover) the fraud. This is significant because fraud is often concealed by nature. If you are defrauded in a real estate transaction on January 1, 2024, but do not discover the fraud until January 1, 2026, your three-year period begins on January 1, 2026, giving you until January 1, 2029 to sue.
Courts apply an objective "reasonable diligence" standard. You cannot claim ignorance if ordinary prudence would have revealed the fraud.
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Property Damage
Limitation Period: 3 years
Statute Citation: Ark. Code Ann. § 16-56-105(1)
When the Clock Starts: The cause of action accrues when the damage occurs.
Property damage claims follow the general three-year rule. If your home is damaged by a neighbor's negligence on March 15, 2024, your deadline is March 15, 2027. The clock starts when the damage is inflicted, not when you discover it (discovery rule does not apply to property damage in the traditional sense, though some exceptions exist for latent defects).
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Medical Malpractice (Including Repose Period)
Limitation Period: 2 years from discovery; absolute repose period of 4 years from the act of negligence
Statute Citation: Ark. Code Ann. § 16-114-206
When the Clock Starts: From the date the patient discovers, or by reasonable diligence should have discovered, the negligent act or its resulting injury.
Arkansas imposes a strict two-year discovery rule for medical malpractice claims with a critical caveat: no claim may be brought more than 4 years after the negligent act, regardless of when discovery occurs. This is called the "repose period."
Example: A surgeon negligently leaves a surgical implement in a patient's abdomen on January 1, 2024. The patient does not discover this until May 1, 2027 (more than 3 years later). Under the discovery rule, the patient has until May 1, 2029 to sue (2 years from discovery). However, because the negligent act occurred on January 1, 2024, the absolute deadline is January 1, 2028 (4 years from the act). The patient is barred because the discovery-based deadline exceeds the absolute repose period.
This is one of the most treacherous deadlines in Arkansas law. Medical malpractice cases require immediate attention upon suspicion of negligence.
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Wrongful Death
Limitation Period: 3 years
Statute Citation: Ark. Code Ann. § 16-56-105(1)
When the Clock Starts: The cause of action accrues at the date of death.
Wrongful death claims must be filed within three years from the date the decedent died. This is a straightforward accrual rule: death occurs on January 1, 2024, and the deadline is January 1, 2027. The statute does not extend the period based on when family members discover the negligence or wrongdoing.
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Defamation (Libel/Slander)
Limitation Period: 1 year
Statute Citation: Ark. Code Ann. § 16-56-105(2)
When the Clock Starts: The cause of action accrues when the defamatory statement is published or spoken.
Defamation claims have the shortest statute of limitations in Arkansas: just one year. Libel (written defamation) and slander (spoken defamation) are treated identically. If a newspaper publishes a false and damaging statement about you on January 15, 2024, you must file by January 15, 2025. Arkansas does not recognize a discovery rule for defamation; the clock starts when the statement is made, not when you learn of it.
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Trespass
Limitation Period: 3 years
Statute Citation: Ark. Code Ann. § 16-56-105(1)
When the Clock Starts: The cause of action accrues when the trespass occurs.
Trespass to land or chattels must be pursued within three years from the date of the trespass. If someone enters your property without permission on June 1, 2024, your deadline is June 1, 2027. Each separate instance of trespass starts a new statute of limitations period.
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Debt Collection / Promissory Notes
Limitation Period: 5 years (for written notes); 3 years (for open accounts)
Statute Citations: Ark. Code Ann. § 16-56-105(3) (written instruments); Ark. Code Ann. § 16-56-105(1) (open accounts)
When the Clock Starts: From the date of the last payment or acknowledgment of the debt.
Arkansas distinguishes between written debt instruments (promissory notes, mortgages, bonds) and open accounts (credit cards, running balances). Written promissory notes receive five years of protection; open accounts receive three years. Critically, the clock restarts with each payment or written acknowledgment of the debt. If a debtor makes a payment on an otherwise stale debt, the statute of limitations period begins anew from that payment date.
Example: A promissory note is signed on January 1, 2020, with a five-year deadline of January 1, 2025. The debtor makes a payment on December 1, 2024 (within the window). This payment restarts the clock; the new deadline is December 1, 2029.
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Discovery Rule (Delayed Accrual)
Arkansas recognizes the discovery rule for causes of action involving fraud and medical malpractice, and in limited circumstances for latent defects or hidden injuries. Under the discovery rule, the statute of limitations does not begin to run until the plaintiff knows (or reasonably should know, through the exercise of ordinary diligence) that:
1. An injury or loss has occurred
2. The defendant caused it
3. The defendant's conduct was wrongful
The discovery rule is not automatic. A plaintiff must plead and prove its applicability. Courts construe it narrowly to avoid indefinitely extending the litigation window.
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Tolling Provisions (Suspension of the Statute)
Arkansas law suspends the running of the statute of limitations in specific circumstances:
Minority
Statute Citation: Ark. Code Ann. § 16-56-110
If a plaintiff is a minor (under 18) when the cause of action accrues, the statute of limitations does not begin to run until the plaintiff reaches age 18. A child injured on January 1, 2024, at age 10 does not begin the three-year personal injury clock until January 1, 2032 (when they turn 18).
Mental Incapacity
Statute Citation: Ark. Code Ann. § 16-56-110
If a plaintiff is mentally incapacitated or adjudicated incompetent, the statute of limitations is tolled until the incapacity ends or a guardian is appointed. A person adjudged incompetent on January 1, 2024, does not begin running against their claims until a guardian is appointed.
Absence from the State
Statute Citation: Ark. Code Ann. § 16-56-111
If the defendant absents themselves from Arkansas with intent to avoid service of process, the time of absence does not count toward the statute of limitations. This provision protects plaintiffs from defendants fleeing the state to run out the clock.
Military Service
Statute Citation: Ark. Code Ann. § 16-56-110
Service members on active duty may benefit from federal protections under the Servicemembers Civil Relief Act (50 U.S.C. § 3953), which can suspend state statutes of limitations during and after active service.
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Practical Advice: Calculating and Avoiding Missed Deadlines
Exact Calculation Methods
What Happens When You Miss the Deadline
If you file a lawsuit after the statute of limitations has expired:
1. The defendant can move to dismiss under Ark. Rule Civ. Proc. 12(b)(1) for lack of subject matter jurisdiction or on statute of limitations grounds.
2. The motion will likely be granted. Once the deadline has passed, the court has no authority to hear the claim.
3. Your claim is barred forever. There is no "second chance" or equitable exception for honest mistakes. The bar is absolute and jurisdictional.
Common Pitfalls
Best Practices
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Summary Table of Arkansas Statutes of Limitations
| Cause of Action | Period | Statute | When Accrues |
|---|---|---|---|
| Personal Injury | 3 years | § 16-56-105(1) | Date of injury |
| Written Contract | 5 years | § 16-56-105(3) | Date of breach |
| Oral Contract | 3 years | § 16-56-105(1) | Date of breach |
| Fraud | 3 years | § 16-56-105(1) | Discovery (reasonable diligence) |
| Property Damage | 3 years | § 16-56-105(1) | Date of damage |
| Medical Malpractice | 2 years (4-year repose) | § 16-114-206 | Discovery; absolute cutoff 4 years from act |
| Wrongful Death | 3 years | § 16-56-105(1) | Date of death |
| Defamation | 1 year | § 16-56-105(2) | Date published/spoken |
| Trespass | 3 years | § 16-56-105(1) | Date of trespass |
| Written Debt/Promissory Note | 5 years | § 16-56-105(3) | Last payment or acknowledgment |
| Open Account Debt | 3 years | § 16-56-105(1) | Last payment or charge |
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