§ 16-61-204 — [For applicabity, see Notes] Release - Effect on injured person's claim and on right of contribution

Arkansas § 16-61-204

• Jurisdiction: Arkansas
• Title: 16

Text

(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.

Legislative History

Amended by Act 2013, No. 1116,§ 5, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003. Acts 1941, No. 315, § 4; A.S.A. 1947, § 34-1004.