OK · jury_instructions
OUJI-CIV No. 9.8B
LIABILITY FOR INCREASED HARM - PRODUCTS LIABILITY
LIABILITY FOR INCREASED HARM - PRODUCTS LIABILITY
OUJI 3d (Rev. 2009) Chapter 9
If you find by the greater weight of the evidence that the [Specify Product] was
defective and that the defect was a contributing factor in increasing the harm to
[Plaintiff] beyond what was due to other causes, then [Defendant] is l iable for the
increased harm.
If you are able to separate the harm that was due to the other causes from the
increased harm from the defect, [Defendant] is liable only for the increased harm from
the defect.
But if you are not able to separate the harm th at was due to the other causes from
the increased harm from the defect, [Defendant] is liable for all the harm to [Plaintiff].
[Defendant] has the burden of proving by the greater weight of the evidence, that
the increased harm from the defect can be sepa rated from the harm due to the other
causes.
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
ef50ed7cdd8b37cdf5b4d2740895904f8e8df9a32b14897cdeba7add680fabdf
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