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AMI 602 Right to Assume Others Will Use Ordinary Care and Obey the Law

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 602
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 6. Specific Factors Affecting Negligence and Defenses
AMI 602 Right to Assume Others Will Use Ordinary Care and Obey the Law
Every person using ordinary care has a right to assume, until the contrary is or reasonably should be apparent, that every other person will [use ordinary care][and][obey the law]. To act on that assumption is not negligence.
NOTE ON USE
This instruction should only be given where there is evidence of negligence on the part of a party claiming damages.
COMMENT
This instruction was cited with approval in St. Louis Southwestern Ry. Co. v. Evans, 254 Ark. 762, 497 S.W.2d 692 (1973). See also Rexer v. Carter, 208 Ark. 342, 186 S.W.2d 147 (1945), which approves substantially similar language.
England v. Costa, 364 Ark. 116, 216 S.W.3d 585 (2005) held that this instruction should only be given where there is evidence of negligence on the part of a party claiming damages.
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