CACI No. 1204

Factual Elements—Shifting Burden of Proof

[Name of plaintiff] claims that the [product]’s design caused harm to

[name of plaintiff]. To establish this claim, [name of plaintiff] must prove

all of the following:

1. That [name of defendant] [manufactured/distributed/sold] the

[product];

2. That [name of plaintiff] was harmed; and

3. That the [product]’s design was a substantial factor in causing

harm to [name of plaintiff].

If [name of plaintiff] has proved these three facts, then your decision on

this claim must be for [name of plaintiff] unless [name of defendant]

proves that the benefits of the [product]’s design outweigh the risks of the

design. In deciding whether the benefits outweigh the risks, you should

consider the following:

(a) The gravity of the potential harm resulting from the use of the

[product];

(b) The likelihood that this harm would occur;

(c) The feasibility of an alternative safer design at the time of

manufacture;

(d) The cost of an alternative design; [and]

(e) The disadvantages of an alternative design; [and]

[(f) [Other relevant factor(s)].]

New September 2003; Revised February 2007, April 2009, December 2009,

December 2010, June 2011, January 2018, May 2019, May 2020