OUJI-CIV No. 12.1

MANUFACTURERS' PRODUCTS LIABILITY — ELEMENTS

A party claiming damages under Manufacturers' Products Liability has the burden

of proving each of the following:

1. [Defendant] [manufactured/sold/l eased] the [description of product];

2. [Defendant] was in the business of [manufacturing/selling/leasing] such

products;

3. The [description of product] was def ective and because of the defect, the

[description of product] was unreasonabl y dangerous to a person [or to the

property of a person] who uses, consumes, or might be reasonably expected to

be affected by the [description of product];

4. The [description of product] was defective at the time it was

[manufactured/sold/leased] by [Defendant] or left [his/her/its] control;

5. [Plaintiff] was a person who used, cons umed, or could have reasonably been

affected by the [description of product];

6. [Plaintiff] sustained [personal injuries] [and/or] [damage to property] directly

caused by the defect in the [description of product].