Why Arkansas has no cap, but a hard fault cutoff
Arkansas Constitution Article 5, Section 32 prohibits any law limiting the amount recoverable for injuries to persons or property. In Bayer CropScience LP v. Schafer, 385 S.W.3d 822 (Ark. 2011), the Arkansas Supreme Court relied on this provision to strike down a statutory punitive damages cap entirely, reinstating a $42 million punitive award atop $5.9 million in compensatory damages. A 2016 ballot measure that would have carved out a $250,000 cap for medical-injury noneconomic damages did not become law.
What Arkansas does limit sharply is fault. Under Ark. Code §16-64-122, if your own share of fault reaches 50% — exactly 50%, not just above it — you recover nothing at all. Below that line, your recovery is simply reduced by your fault percentage, with no cap on how high the uncapped portion can go.