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AMI1604Liability for Dangerous Animals—Comparative Fault

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1604
Arkansas Model Jury Instructions-Civil
November 2020 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 16. Animals
AMI 1604 Liability for Dangerous Animals—Comparative Fault
If you should find that the occurrence was proximately caused by the conduct of (defendant) in keeping the animal and not by any fault on the part of (plaintiff), then (plaintiff) is entitled to recover the full amount of any damages (he)(she) has sustained as a result of the occurrence.
If you find that the occurrence was proximately caused both by (defendant)'s conduct in keeping the animal and by fault on the part of (plaintiff), then you must determine their comparative fault.
If the fault of (plaintiff) is of less degree than the fault of (defendant), then (plaintiff) is entitled to recover any damages which you may find (he)(she) has sustained as a result of the occurrence after you have reduced them in proportion to the degree of (his)(her) own fault. On the other hand, if the fault of (plaintiff) is equal to or greater in degree than the fault of (defendant), then (plaintiff) is not entitled to recover any damages.
NOTE ON USE
This instruction is to be used with AMI 1602 and 1603 when there is an issue as to the plaintiff's negligence or other fault.
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