• 2007 - Warnings
  • C-21.05
    • Products Liability
    • Strict Products Liability
    • Tort Liability
    • Tort Liability
  • A manufacturer has a duty to give a reasonable warning of dangers inherent in the intended and reasonably anticipated uses of its product. When a warning is required to make a product not defective, an adequate warning is one that would cause a person of ordinary prudence to exercise caution appropriate to the degree of potential danger.

     

    [Under a claim for negligent failure to adequately warn, the issue is whether the (manufacturer) (seller) exercised ordinary care and diligence in providing or not providing warnings so as to make the product not defective. In a strict product liability claim regarding the adequacy of warnings, the issue is whether the product is defective and unreasonably dangerous regardless of whether the (manufacturer) (seller) exercised ordinary care and diligence.]

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    • Butz v. Werner, 438 NW2d 509 (ND 1989)
    • Crowston v. Goodyear Tire & Rubber Co., 521 NW2d 401 (ND 1994)
    • Mauch v. Mfrs. Sales & Serv., Inc., 345 NW2d 338 (ND 1984)
    • Speiker v. Westgo, Inc., 479 NW2d 837 (ND 1992)
  • Notes: This instruction incorporates deleted C - 21.20, Failure to Warn, Negligence and Strict Liability Distinguished.