CACI No. VF-1208. Products Liability - Implied Warranty of Fitness for a Particular Purpose

Judicial Council of California Civil Jury Instructions (2020 edition)

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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]?
1. Yes No
1. 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?
2. Yes No
2. 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?
3. Yes No
3. 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?
4. Yes No
4. 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. Was the [product] suitable for the particular purpose?
5. Yes No
5. 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
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in causing harm to [name of plaintiff]?
6. Yes No
6. 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
(3) [lost earnings $]
(3) [lost profits $]
(3) [medical expenses $]
(3) [other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
(3) [lost earnings $]
(3) [lost profits $]
(3) [medical expenses $]
(3) [other future economic loss $]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. TOTAL $
Signed: Presiding Juror
Dated:
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, December 2010, December 2016, May
2020
VF-1208 PRODUCTS LIABILITY
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Copyright Judicial Council of California
Directions for Use
This verdict form is based on CACI No. 1232, Implied Warranty of Fitness for a
Particular Purpose - Essential Factual Elements.
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.
Question 2 of this form should be modified if the defendant purported to have
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.
VF-1209-VF-1299. Reserved for Future Use
PRODUCTS LIABILITY VF-1208
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Copyright Judicial Council of California

© Judicial Council of California.