WI · jury_instructions

Wis JI-Civil 3242

Negligence: Duty of Manufacturer

activein force · 2020-01-01 – presentas-observed

A manufacturer (supplier) of a product has a duty to exercise ordinary care to warn

of dangers which he or she knows, or should know, are associated with the proper use of

the product. This duty exists whether or not the product was properly designed. “Proper

use” means a use which is intended by the manufacturer (supplier). In addition, a

manufacturer (supplier) has the duty to warn of dangers inherent in a use not intended by

the manufacturer (supplier) if such unintended use is reasonably foreseeable by the

manufacturer (supplier).

However, a manufacturer (supplier) does not have a duty to warn about dangers

that are known to the user, or are obvious to or readily discoverable by potential users, or

are so commonly known that it can reasonably be assumed that users will be familiar

with them. Additionally, the manufacturer does not have to warn about dangers

associated with unforeseeable misuses of the product.

History

Wis JI-Civil 3242 (2020). ©2020, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source: wilawlibrary.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: 920f38d123964ccc2c5e760b7374c054dd75e7f3dabcd1a2c7572736e162c4ed

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