CACI No. 1233

Factual Elements

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed by

the [food product] that was sold by [name of defendant] because the [food

product] was not fit for human consumption. To establish this claim,

[name of plaintiff] must prove all of the following:

1. That [name of plaintiff] [ate/drank] a [food product] sold by [name

of defendant];

2. That, at the time of purchase, [name of defendant] was in the

business of selling the [food product] [or by [his/her/ nonbinary

pronoun] occupation held [himself/herself/ nonbinary pronoun /itself]

out as having special knowledge or skill regarding this [food

product]];

3. That the [food product] was harmful when consumed;

4. That the harmful condition would not reasonably be expected by

the average consumer;

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

6. That the [food product] was a substantial factor in causing [name

of plaintiff]’s harm.

New September 2003