CACI VF-1203 Strict Products Liability—Failure to Warn
California Civil Jury Instructions CACI
VF-1203 Strict Products Liability—Failure to Warn
We answer the questions submitted to us as follows:
1.Did [name of defendant] [manufacture/distribute/sell] the [product]?
Yes No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
2.Did the [product] have potential [risks/side effects/allergic reactions] that were [known/ [or] knowable in light of the [scientific/ [and] medical] knowledge that was generally accepted in the scientific community] at the time of [manufacture/distribution/sale]?
Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Did the potential [risks/side effects/allergic reactions] present a substantial danger to persons using or misusing the [product] in an intended or reasonably foreseeable way?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4.Would ordinary consumers have recognized the potential [risks/side effects/allergic reactions]?
Yes No
If your answer to question 4 is no, then answer question 5. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
5.Did [name of defendant] fail to adequately warn [or instruct] of the potential [risks/side effects/allergic reactions]?
Yes No
If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
6.Was the lack of sufficient [instructions] [or] [warnings] a substantial factor in causing harm to [name of plaintiff]?
Yes No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
7.What are [name of plaintiff]’s damages?
[a.Past economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other past economic loss $]
Total Past Economic Damages: $]
[b.Future economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other future economic loss$]
Total Future Economic Damages: $]
[c.Past noneconomic loss, including [physical
pain/mental suffering:] $]
[d.Future noneconomic loss, including [physical
pain/mental suffering:] $]
TOTAL $
After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.
New September 2003; Revised April 2007, April 2009, December 2010, June 2011, December 2011, December 2016
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Directions for Use
This verdict form is based on CACI No. 1205, Strict Liability—Failure to Warn—Essential Factual Elements. If product misuse or modification is alleged as a complete defense (see CACI No. 1245, Affirmative Defense—Product Misuse or Modification), questions 2 and 3 of CACI No. VF-1201, Strict Products Liability—Design Defect—Consumer Expectation Test—Affirmative Defense—Misuse or Modification, may be included after question 1. If the comparative fault or negligence of the plaintiff or of third persons is at issue, questions 7 through 9 of CACI No. VF-1200, Strict Products Liability—Manufacturing Defect—Comparative Fault at Issue, may be added at the end.
The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.
If specificity is not required, users do not have to itemize all the damages listed in question 7. The breakdown is optional depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.