VF-1208. Products Liability - Implied Warranty of Fitness for a Particular Purpose
We answer the questions submitted to us as follows: 1. Did [name of plaintiff] buy the [product] from [name of defendant]?
______ 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. At the time of purchase, did [name of defendant] know or have reason to know that [name of plaintiff] intended to use the [product] for a particular purpose?
______ 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. At the time of purchase, did [name of defendant] know that [name of plaintiff] was relying on [name of defendant]'s skill and judgment to select or furnish a product that was suitable for the particular purpose?
______ 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 plaintiff] justifiably rely on [name of defendant]'s skill and judgment?
______ 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. Was the [product] suitable for the particular purpose?
______ Yes ______ No
If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
6. Was the failure of the [product] to be suitable 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. 1232, Implied Warranty of Fitness for a Particular Purpose—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.
Question 2 of this form should be modified if the defendant held himself or herself out as having special knowledge or skill regarding the goods. Question 3 should be modified if a different ground of liability is asserted under Commercial Code section 2314(2). This form should also be modified if notification is an issue.
(New September 2003)