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AMI 305 Duty to Use Ordinary Care

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 305
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 3. Negligence, Fault, and Ordinary Care
AMI 305 Duty to Use Ordinary Care
A. It was the duty of (defendant), before and at the time of the occurrence, to use ordinary care for the safety of [(plaintiff)] [and] [(his)(her) property] [the property of (plaintiff)].
B. It was the duty of [all][both] persons involved in the occurrence to use ordinary care for their own safety and the safety of [others][and their property][the property of others].
C. It was the duty of both (plaintiff) and (defendant) to use ordinary care for their own safety and the safety of [others][and their property][the property of others].
NOTE ON USE
Paragraph A should be used when negligence on the part of the plaintiff is not an issue.
Paragraph B should be used when negligence on the part of the plaintiff is an issue or when the jury is to consider a counter claim or multi-party suit.
Paragraph C should be used when there is a non-negligent claimant and two or more alleged tortfeasors.
For the standard of care of a physician, surgeon, or dentist see AMI 1501; for that of an architect or engineer, see AMI 1204; for that of an attorney, see AMI 1510; and for that of a contractor, see AMI 1203.
COMMENT
A jury instruction adequately conveyed an employer's duty to use ordinary care when it gave a modified instruction that combined Part A and Part B of this instruction. Escobar v. A&A Orchard, LLC, 2021 Ark. App. 128 (jury allocated fault 51%-49% between employer and employee when the employee fell off a wobbly ladder picking fruit on a windy day causing injury).
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