ID · jury_instructions
IDJI 10.10.2
Products liability defense – knowledge of the risk
Under the defense that plaintiff had knowledge of the risk as a basis for comparative fault, the defendant has the burden of proving each of the following:
1. The user of the product knew of the defective condition and voluntarily used the product anyway; and
2. In using the product, the user did not act as an ordinary reasonably prudent person; and
3. The use of the product was a proximate cause of the injuries or damages to the plaintiff.Comments:
Idaho Code §6-1305(2).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
85e39e19174474c10eec0ab0430ca4f41701249ce845053385b756844bc37a0a
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