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ID · jury_instructions

IDJI 10.03.3

Elements of “knowledge” on part of product seller

activein force · 2024-01-01 – presentas-observed

In order to find that a seller knew or should have known of a defect in the product, you must find that the seller had actual knowledge of the defect or had knowledge of circumstances that would have put a reasonable person on notice of the existence of the defect.

A product seller has a duty to reasonably inspect products offered for sale in a manner which would, or should in the exercise of ordinary care, reveal the existence of the defect. [A seller who acquires a product in a sealed package or container and sells the product in the same sealed package or container does not have a reasonable opportunity to inspect the product.]

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
c3d16033fe8c4be4a1d74fff3d2c8e0c74f83660b626b8c7c6ec2b331007a5ec
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