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CA · jury_instructions

CACI No. 1247

Affirmative Defense—Failure to Warn—Government

activein force · 2025-01-01 – presentcompiled-edition

Contractor

[Name of defendant] may not be held liable for failure to warn about the

dangers in the use of the [product] if it proves all of the following:

1. That [name of defendant] contracted with the United States

government to provide the [product] for military use;

2. That the United States imposed reasonably precise specifications

regarding the provision of warnings for the [product];

3. That the [product] conformed to those specifications regarding

warnings; and

[4. That [name of defendant] warned the United States about the

dangers in the use of the [product] that were known to [name of

defendant] but not to the United States.]

[4. [or]

[4. That the United States was aware of the dangers in the use of the

[product].]

New December 2010; Revised November 2024

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
caci-2025
Content hash
70048805e196966c06013f42931665389b1349761d2f9d9cc8573f45559f75ef
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