AR HB2202

Eliminates the "new business rule" that previously barred newly established businesses from recovering lost profits damages in tort or breach of contract cases in Arkansas.

Establishes that newly established businesses are subject to the same standard of proof for lost profits as any other business, regardless of how long the business has operated.

Clarifies that damages for lost profits are recoverable if established with a reasonable degree of certainty, and that damage amount is a question of fact for courts to determine.

Adds Arkansas Code § 16-64-131 to codify that there is no absolute denial of damages for lost profits to newly established businesses in recognized tort or breach of contract cases.

Approved April 7, 2017.