NJ · jury_instructions
N.J. Model Civil Jury Charge 5.40F
Defect Before Sale
5.40F DEFECT BEFORE SALE
The next basic element of any product liability claim is that the product must
have been defective when it was distributed by a manufacturer or seller who is being
sued. In other words, plaintiff must prove that the defect existed before the product
left the control of a particular defendant.1
1 Compare Scanlon, supra, 65 N.J. 582, with Moraca, supra, 66 N.J. 454, for cases involving a
manufacturing defect where the product has been in use for some period of time. This section of the
charge should be expanded to take into effect the factors listed in those cases.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
a6b376aaa8d973ba8788fc4b0f891464030e677fb3687a7680acaac19ba56da2
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