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AMI 604 Duty to Anticipate Behavior of Children

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 604
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 604 Duty to Anticipate Behavior of Children
A person who knows, or reasonably should know, that a child may be affected by [his][her][its] [“act,” “failure to act,” “conduct,” etc.] is required to anticipate the ordinary behavior of children and to use care commensurate with any danger reasonably to be anticipated under the circumstances. A failure to use this degree of care is negligence.
NOTE ON USE
This instruction assumes that the party charged with negligence is a competent adult, or a minor operating a motor vehicle, and that there is evidence that the child's behavior contributed to cause the injury. If the issue is the duty of an adult toward a minor operating a motor vehicle, AMI 305 should be given instead of this instruction.
COMMENT
The court has not established definitive rules for determining whether an injured party is a child within the meaning of this instruction. However, it was error to refuse this instruction in the following cases: Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977) (13-year-old pedestrian); Holcomb v. Gilbraith, 257 Ark. 32, 513 S.W.2d 796 (1974) (a minor between 14 and 15); Moore v. Rye, 255 Ark. 469, 500 S.W.2d 751 (1973) (13-month-old infant).
This instruction is directed only to a duty imposed in the operation of a motor vehicle. Moses v. Bridgeman, 355 Ark. 460, 139 S.W.3d 503 (2003).
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