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 through the use of scientific knowledge available] 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 users of the [product]?

______ 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 [product] used [or misused] in a way that was reasonably foreseeable to [name of defendant]?

______ 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. 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 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

8. What are [name of plaintiff]'s damages?

[a. Past economic loss, including [lost earnings/ lost profits/medical expenses:]	$______]
[b. Future economic loss, including [lost earnings/lost profits/lost earning capacity/ medical expenses:]	$______]
[c. Past noneconomic loss, including [physical pain/mental suffering:]	$______]
[d. Future noneconomic loss, including [physical pain/mental suffering:]	$______]
	TOTAL $______

Signed:
	Presiding Juror
Dated:

[After it has been signed/After all verdict forms have been signed], deliver this verdict form to the [clerk/bailiff/judge].

Directions for Use

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.

This verdict form is based on CACI No. 1205, Strict Liability—Failure to Warn—Essential Factual Elements.

If specificity is not required, users do not have to itemize all the damages listed in question 8. The breakdown is optional; depending on the circumstances, users may wish to break down the damages even further.

If there are multiple causes of action, users may wish to combine the individual forms into one form.

This form may be modified if the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest on specific losses that occurred prior to judgment.

(New September 2003)