Arkansas
How Cortez v. American Marine Corp. applies in Arkansas: state-specific rules, key cases, and bar exam notes for Maritime & Admiralty Law.
Arkansas law has historically followed federal maritime principles, particularly in negligence and vicarious liability cases. However, state courts emphasize the necessity of demonstrating navigability and connection to maritime commerce when applying such principles.
Under Arkansas law, the standard for maritime negligence reflects the principles established in Cortez, requiring plaintiffs to prove that the vessel owner breached its duty of care in relation to navigable waters or activities affecting interstate commerce.
In this case, the Arkansas Supreme Court held that a vessel owner could be held liable for injuries caused by unseaworthiness, similar to Cortez.
The court affirmed that the duty of care owed by navigational service providers extends to all acts affecting vessel safety on navigable waters.
The court found that proximate cause must be established in maritime cases, echoing the duty of care discussions in Cortez.
Arkansas mirrors federal maritime law in its application of negligence principles, focusing on the duty of care and breach thereunder. However, Arkansas courts may display a more stringent requirement for demonstrating the connection of the case to interstate or international commerce than some federal courts.
Maritime law principles, particularly those stemming from Cortez, could appear on the Arkansas bar exam, especially in relation to personal injury and liability issues.