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AMI 1201 Duty of Care—Traveler with Knowledge of Construction Activity

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1201
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 12. Construction
AMI 1201 Duty of Care—Traveler with Knowledge of Construction Activity
A traveler upon a [highway][street] which is open to the public while under [construction][or][repair], in the absence of notice to the contrary, may assume that the way is reasonably safe for travel. Although [he][she] is not required to anticipate unusual obstructions, [he][she] is required to use ordinary care for [his][her] own safety [and for the safety of others].
COMMENT
This instruction is based on an instruction approved in McGeorge Contracting Co. v. Mizell, 216 Ark. 509, 226 S.W.2d 566 (1950).
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