Wis JI-Civil 3260

A manufacturer of a product who sells (places on the market) a defective product

which is unreasonably dangerous to the ordinary user or consumer, and which is expected

and does reach the consumer without substantial change in the condition in which it is sold, is

regarded by law as responsible for harm caused by the product even though he or she has

exercised all possible care in the preparation and sale of the product, provided the product

was being used for the purpose for which it was designed and intended to be used.

A product is said to be defective when it is in a condition not contemplated by the

ordinary user or consumer which is unreasonably dangerous to the ordinary user or consumer,

and the defect arose out of design, manufacture, or inspection while the article was in the

control of the manufacturer. A defective product is unreasonably dangerous to the ordinary

user or consumer when it is dangerous to an extent beyond that which would be contemplated

by the ordinary user (consumer) possessing the knowledge of the product's characteristics

which were common to the community. A product is not defective if it is safe for normal use.

A manufacturer is not under a duty to manufacture a product which is absolutely free

from all possible harm to every individual. It is the duty of the manufacturer not to place

upon the market a defective product which is unreasonably dangerous to the ordinary user

(consumer).

Question 1 on the verdict form asks:

When (product) left the possession of (manufacturer) was (product) in a defective

condition so as to be unreasonably dangerous to a prospective (user) (consumer)?

Before you can answer question ______ "yes," you must be satisfied that: (1) the

product was in a defective condition; (2) the defective condition made the product

unreasonably dangerous to people; (3) the defective condition of the product existed when

the product was under the control of the manufacturer; and (4) the product reached the user

(consumer) without substantial change in the condition in which it was sold.

[There is no claim in this case that (product) failed to perform its intended purpose of

(insert purpose of product, for example, protecting against the transmission of bloodborne

pathogens). You may find the (product) was dangerous beyond the reasonable contemplation

by an ordinary user or consumer, even if it served its intended purpose.]

[Lack of knowledge on the part of (defendant) that (insert condition of product, e.g.

proteins in natural rubber latex may sensitize and cause allergic reactions) to some

individuals is not a defense to the claims made by (plaintiff). A manufacturer is responsible

for harm caused by a defective and unreasonably dangerous product even if the manufacturer

had no knowledge or could not have known of the risk of harm presented by the condition of

the product.]