Home Table of Contents

AMI 1208 Definition—Habitability

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1208
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
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.).
End of Document