CACI VF-1205 Products Liability—Negligent Failure to Warn

VF-1205 Products Liability—Negligent Failure to Warn

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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 [name of defendant] know or should [he/she/nonbinary pronoun/it] reasonably have known that the [product] was dangerous or was likely to be dangerous when used or misused in a reasonably foreseeable manner?

 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 [name of defendant] know or should [he/she/nonbinary pronoun/it] reasonably have known that users would not realize the danger?

 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.Did [name of defendant] fail to adequately warn of the danger [or instruct on the safe use of] the [product]?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.Would a reasonable [manufacturer/distributor/seller] under the same or similar circumstances have warned of the danger [or instructed on the safe use of] the [product]?

 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 [name of defendant]’s failure to warn 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.

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