Proposed Mississippi Plain Language Model Jury Instructions - Civil 3601

General Instruction

[Name of plaintiff] claims that [he/she] was harmed by [a/an] ____________ [specify the

product] [manufactured/sold] by [name of defendant] that failed to have adequate

[warnings/instructions] and that [name of defendant] is legally responsible for [name of

plaintiff]’s damages. To establish this claim, [name of plaintiff] must prove all of the following

are more likely true than not true:

1. [Name of defendant] [manufactured/sold] the ____________ [specify the product];

2. When the ____________ [specify the product] left [name of defendant]’s control, the

____________ [specify the product] was defective because it failed to have adequate

[warnings/instructions], which a reasonable [manufacturer/seller] under the same circumstances

would have given concerning the ____________ [specify the product]’s danger(s), if any, and the

____________ [specify the product]’s safe use(s), taking into account an ordinary user’s

knowledge about the ____________ [specify the product];

3. When the _____________ [specify the product] left [name of defendant]’s control, [name of

defendant] knew or should have known about the danger(s), if any, that caused [name of

plaintiff]’s harm;

4. An ordinary user of the ____________ [specify the product] would not have realized the

____________ [specify the product]’s danger(s);

5. [Name of defendant]’s failure to give adequate [warnings/instructions] concerning the

____________ [specify the product]’s danger(s) made the ____________ [specify the product]

unreasonably dangerous for [name of plaintiff] to use;

6. [Name of plaintiff] was harmed by the _________ [specify the product]; and

7. [Name of defendant]’s failure to give adequate [warnings/instructions] concerning the

____________ [specify the product]’s danger(s) was a substantial factor in causing [name of

plaintiff]’s damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of defendant] [manufacture/sell] the ___________ [specify the product]?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. When the ____________ [specify the product] left [name of defendant]’s control, was the

___________ [specify the product] defective because it failed to have adequate

[warnings/instructions], which a reasonable [manufacturer/seller] under the same circumstances

would have given concerning the __________ [specify the product]’s danger(s), if any, and the

____________ [specify the product]’s safe use(s), taking into account an ordinary user’s

knowledge about the ____________ [specify the product]?

YES _______ NO _______

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3. When the ____________ [specify the product] left [name of defendant]’s control, did [name of

defendant] know or should [name of defendant] have known about the danger(s), if any, that

caused [name of plaintiff]’s harm?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Would an ordinary user of the ____________ [specify the product] have realized the

___________ [specify the product]’s danger(s)?

YES _______ NO _______

If your answer to question 4 is NO, then answer question 5. If you answered YES, stop

here and tell the bailiff.

5. Did [name of defendant]’s failure to give adequate [warnings/instructions] concerning the

___________ [specify the product]’s danger(s) make the ____________ [specify the product]

unreasonably dangerous for [name of plaintiff] to use?

YES _______ NO _______

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop

here and tell the bailiff.

6. Was [name of plaintiff] harmed by the ____________ [specify the product]?

YES _______ NO _______

If your answer to question 6 is YES, then answer question 7. If you answered NO, stop

here and tell the bailiff.

7. Was [name of defendant]’s failure to give adequate [warnings/instructions] concerning the

____________ [specify the product]’s danger(s) a substantial factor in causing [name of

plaintiff]’s damages?

YES _______ NO _______

If your answers to questions 1-3 and 5-7 are YES and your answer to question 4 is NO,

then answer question 8. If you answered NO to question 7, stop here and tell the bailiff.

8. What are [name of plaintiff]’s damages?

$__________ TOTAL

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.