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AMI 306 Definition of Assumption of Risk

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 306
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 3. Negligence, Fault, and Ordinary Care
AMI 306 Definition of Assumption of Risk
When I use the term “assumption of risk,” I mean a person voluntarily exposing [himself][herself] to a dangerous situation inconsistent with [his][her] safety, knowing of the danger and risk of injury from it.
NOTE ON USE
This instruction should be given when “assumption of risk” appears in another instruction. See AMI 301.
This instruction should be used only when comparative fault based upon assumption of risk is an issue.
COMMENT
The common law doctrine of assumption of risk is no longer applicable as a separate theory. Ouachita Wilderness Institute, Inc. v. Mergen, 329 Ark. 405, 947 S.W.2d 780 (1997); Dawson v. Fulton, 294 Ark. 624, 745 S.W.2d 617 (1988). The term, however, appears in the statutory definition of fault, Ark. Code Ann. § 16-64-122(c), and, therefore, the Committee has concluded that a definition of the term is required.
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