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AMI 801 Willful or Malicious Destruction of Property by Minor

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 801
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 8. Vicarious Liability for Acts of Minors
AMI 801 Willful or Malicious Destruction of Property by Minor
(Plaintiff) claims damages from (defendant) for willful or malicious destruction of property by a minor and has the burden of proving each of five essential propositions:
First, that [he] [she] [it] has sustained damages to [his] [her] [its] property;
Second, that (minor) maliciously or willfully destroyed property belonging to (plaintiff);
Third, that (defendant) is a parent of (minor);
Fourth, that (minor) was under the age of 18 at the time of the occurrence; and
Fifth, that (minor) was living with (defendant) at the time of the occurrence.
[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for (plaintiff); but if, on the other hand, you find from the evidence that any of these propositions has not been proved, then your verdict should be for (defendant).]
NOTE ON USE
The final bracketed sentence should not be used when the case is submitted on interrogatories.
COMMENT
This instruction is based on Ark. Code Ann. § 9-25-102. See AMI 605 for a parent's common law liability.
Strict construction of the statute is required because of its penal nature; thus, the term “willfully” means “an intent to do the act in question.” Farm Bureau Mut. Ins. Co. of Ark., Inc. v. Henley, 275 Ark. 122, 127, 628 S.W.2d 301, 304 (1982).
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