Arkansas Code Annotated
Ark. Code Ann. § 4-88-204 (2026)
Cause of action
✓ current as of May 2026
An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.
History. Acts 1993, No. 138, § 1; 2019, No. 1035, § 2.
Amendments. The 2019 amendment substituted “elder person or person with a disability” for “elder or disabled person”.
Notes of Decisions
Cited in 3
cases, 1998–2008 · leading case: Lien v. Couch, 993 S.W.2d 53 (Tenn. Ct. App. 1998).
Lien v. Couch, 993 S.W.2d 53 (Tenn. Ct. App. 1998). “See ArkCode Ann. § 4-88-204(Michie 1996). While elderly or disabled persons may recover punitive damages and attorney’s fees, see ArkCode Ann.”
Tracker Marine, L.P. v. Ogle, 108 S.W.3d 349 (Tex. App. 2003). “§ 47-18-109(a)(3); Texas: Tex Bus. & Com.Code § 17.50(b)(1) (depending on applicable statute year); Vermont: Vt.”
In re Pharm. Indus. Average Wholesale Price Litig., 252 F.R.D. 83 (D. Mass. 2008). “” (citations and internal quotation marks omitted)); Ark.Code Ann. § 4-88-204 (“An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if…”
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