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AMI 204 Issues—Complaint and Counterclaim Based on Negligence or Fault—Burden of Proof

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 204
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 2. Issues and Burden of Proof
AMI 204 Issues—Complaint and Counterclaim Based on Negligence or Fault—Burden of Proof
(Plaintiff) and (defendant) claim damages from each other. A party claiming damages has the burden of proving each of three essential propositions:
First, that [he][she][it] has sustained damages;
Second, that the party from whom [he][she][it] seeks to recover was negligent;
And third, that such negligence was a proximate cause of the damages sustained by the claiming party.
Each party contends that the other acted with negligence which was a proximate cause of [his] [her][its] own damages. Each has the burden of proving this contention.
NOTE ON USE
Use this instruction when there is only one plaintiff and one defendant.
In multi-party cases or in cases involving liability based upon alleged misconduct other than negligence, use AMI 205.
When AMI 301 is given, substitute “fault” for “negligence.”
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