VF-1205. Products Liability - Negligent 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 [name of defendant] know or should [he/she/it] reasonably have known that the [product] was dangerous or was likely to be dangerous when used 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/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 uestions, 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, 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. 1222, Negligence—Manufacturer or Supplier—Duty to Warn—Essential Factual Elements.
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, 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)