Last updated: 4/13/2015
400.02. Strict Product Liability-Burden of Proof
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Description
400.02 Strict Product Liability--Burden of Proof The plaintiff has the burden of proving each of the following propositions [as to any one of the conditions claimed by the plaintiff]: First, that the condition claimed by the plaintiff as stated to you in these instructions existed in the [product]; Second, that the condition made the [product] unreasonably dangerous; Third, that the condition existed at the time the [product] left the control of the defendant; Fourth, that the plaintiff was injured; Fifth, that the condition of the [product] was a proximate cause of plaintiff's injuries. If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. But if, on the other hand, you find from your consideration of all the evidence that any one of these propositions has not been proved, then your verdict should be for the defendant. Instruction revised December 2007.
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