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AMI 607 Intoxication as Negligence

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 607
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 607 Intoxication as Negligence
Whether a person involved in the occurrence was intoxicated at the time is a proper question for you to consider together with other facts and circumstances in evidence in determining whether [he][she] was negligent. Intoxication is no excuse for failure to act as a reasonably careful person would act. An intoxicated person is held to the same standard of care as a sober person.
COMMENT
See Chicago, R.I. & P. Ry. Co. v. Houston, 209 Ark. 217, 189 S.W.2d 904 (1945) (“the fact that a person is intoxicated when injured does not, of itself, show such contributory negligence as will defeat his recovery for such injury, but is a circumstance which may be considered in determining whether he was contributorily negligent.”).
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