CJI-Civ. 14:1

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of sale of a defective product, you must find all of the following have been

proved by a preponderance of the evidence:

1. The defendant was a manufacturer of the (description of product or component part

of product);

2. The defendant was engaged in the business of selling such (description of product

or component part) for resale, use or consumption;

3. The defendant sold the (description of product or component part);

4. The (description of product or component part) was defective and, because of the

defect, the (description of product or component part) was unreasonably dangerous (to a

person) (or) (to the property of a person) who might reasonably be expected to use,

consume, or be affected by the (description of product or component part);

5. The (description of product or component part) was defective at the time it was sold

by the defendant or left (insert applicable pronoun) control;

6. The (description of product or component part) was expected to reach the user or

consumer without substantial change in the condition in which it was sold;

7. The (description of product or component part) did reach the user or consumer

without substantial change in the condition in which it was sold;

8. The plaintiff was a person who would reasonably be expected to use, consume or

be affected by the (description of product or component part);

9. The plaintiff had (injuries) (damages) (losses); and

10. The defect in the (description of product or component part) was a cause of the

plaintiff’s (injuries) (damages) (losses).

If you find that any one or more of these (number) statements has not been proved,

then your verdict (on this claim) must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.