AMI 1208 Definition—Habitability
Ark. Model Jury Instr., Civil AMI 1208
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 12. Construction
AMI 1208 Definition—Habitability
A building is habitable when it is reasonably fit to live in and is reasonably free of serious defects that threaten life, health or safety.
NOTE ON USE
Use this instruction where the term “habitability” is used in AMI 1205, 1206, or 1207.
COMMENT
Arkansas courts have not expressly defined the term “habitability.” This instruction is derived from model instructions from Alabama as well as a common definition of “habitability.”
Habitability is defined as “[t]he condition of a building in which inhabitants can live free of serious defects that might harm health and safety.” Black's Law Dictionary 779 (9th ed., 2009). In Alabama, “[t]he implied warranty of habitability for a residence means that the residence is reasonably fit for living quarters.” 1 Ala. Pattern Jury Instr. Civ. 10.15 (2d ed.).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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