AMI 1014 Products Liability—Issues—Comparative Fault—Evidence
Ark. Model Jury Instr., Civil AMI 1014
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 10. Products Liability
AMI 1014 Products Liability—Issues—Comparative Fault—Evidence
(Defendant) contends and has the burden of proving that (plaintiff)
[failed to use ordinary care to discover any defect which may have been present in the (product)] [or]
[continued to use the (product) with the knowledge of the defect] [or]
[misused the (product) in a manner that was unforeseeable to (defendant)] [or]
[(used the) (continued to use the) (product) beyond its anticipated life when [he][she] knew or should have known the anticipated life of the (product)] [or]
[made an alteration to the (product) that was unforeseeable to (defendant)] [or]
[made a change to the (product) that was unforeseeable to (defendant)] [or]
[improperly maintained the (product)] [or]
[made abnormal use of the (product) that was unforeseeable to (defendant)].
If (defendant) proves (this contention)(one or more of these contentions), (it)(they) may be considered by you as evidence of [negligence][fault] on the part of (plaintiff) along with all other facts and circumstances in this case.
NOTE ON USE
Insert the appropriate affirmative defense(s) from the bracketed options.
Use this instruction with AMI 2101 or another appropriate instruction from Chapter 21.
COMMENT
This instruction is based on Ark. Code Ann. §§ 16-116-105 and 106.
This instruction is limited to defenses to claims for damages for personal injury, wrongful death, or injury to property. Little Rock Elec. Contractors, Inc. v. Okonite Co., 294 Ark. 399, 744 S.W.2d 381 (1988).
See H. Woods & B. Deere, Comparative Fault §§ 14:26, 14:27, 14:28, 14:34, 14:35, 14:37, 14:38, 14:39, 14:40 (3d ed. 1996).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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