OK · jury_instructions
OUJI-CIV No. 12.11
AFFIRMATIVE DEFENSE OF UNAVOIDABLY UNSAFE PRODUCT
AFFIRMATIVE DEFENSE OF UNAVOIDABLY UNSAFE PRODUCT
Against the claim of [Plaintiff] that the [Specify Product] was defectively
designed, [Defendant] has raised the defense that the [Specify Product] was unavoidably
unsafe. Some products cannot be made safe for their intended use, but their benefits are
great enough to justify their risks of harm. To establish the defense that the [Specify
Product] was unavoidably unsafe, [Defendant] must prove by the greater weight of the
evidence that:
1. The benefits of the [Specify Product] justified its risks; and
2. At the time of manufacture and distribution, the [Specify Product] could not
be made safer for its intended use applying the best available testing and
research.
[This defense does not apply if [Plaintiff] has proved by the greater weight of the
evidence that [Specify Product] was improperly manufactured or had inadequate
warnings.]
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
ba5ba110459ac97387f86d6b4017def7d83de2f6f67e25280633ba4976b4ea8e
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