CHARGE 5.40K

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Page 1 of 2

5.40K SUMMARY

(Approved 2/89)

[

Review while going over jury verdict form

].

If you find that the plaintiff has

shown by the preponderance (greater

weight) of the credible evidence that (1

) the product as designed, manufactured or

sold was defective, in that it was not r

easonably safe for its intended or reasonably

foreseeable uses, (2) the def

ect existed when the product left the hands and control

of the defendant, (3) that at the time of

the accident the product was being used for

an intended or reasonably foreseeable pur

pose, that is, that it was not being

misused or had not been substantially a

ltered in a way that was not reasonably

foreseeable, (4)

1

that the defect caused injury to

a direct or reasonably foreseeable

user, or to a person who might reasonably be

expected to come into contact with

the product and (5) that the defect in

the product was a proximate cause of the

accident, then you must find for the plaintiff.

If plaintiff has fa

iled to establish any

one of the just mentioned elements, then you must find for defendant.