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AMI 612 Attempted Rescue—Negligence

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 612
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 612 Attempted Rescue—Negligence
A person acting under stress in response to humanitarian impulses, in attempting to rescue another who reasonably appears to be in danger of substantial injury or loss of life, is not chargeable with negligence because [his][her] conduct may now appear to have been unwise, unless [his][her] conduct was rash and reckless. [He][She] is required to use only that degree of care a reasonably careful person would use under the same or similar circumstances.
Whether (defendant) was acting under such stress and whether [he][she] used the degree of care required of [him][her] is for you to decide.
COMMENT
This instruction should not be given unless evidence is presented for an apparent danger of substantial injury. Johnson Timber Corp. v. Sturdivant, 295 Ark. 622, 752 S.W.2d 241 (1988).
An actual danger is not required to justify the instruction. If a person reasonably appears to be in danger of substantial injury, the instruction is justified. Price v. Watkins, 283 Ark. 502, 678 S.W.2d 762 (1984).
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