• 2007 - Alteration or Modification
  • C-21.30
    • Products Liability
    • Strict Products Liability
    • Tort Liability
  • A [manufacturer] [seller] of a product is not at fault when an unforeseeable alteration or modification was a substantial contributing cause of the [Plaintiff’s injuries] [damage to Plaintiff’s property]. The alteration or modification must have changed the purpose, use, function, design, or intended use or manner of use of the product from that for which it was originally designed, tested, or intended. If you find that an unforeseeable alteration or modification of this nature substantially contributed to cause the [Plaintiff’s injuries] [damage to Plaintiff’s property], then you must find the [manufacturer] [seller] is not at fault.
    • 39-08-03
    • 28-01.3-03
    • Oanes v. Westgo, Inc., 476 NW2d 248 (ND 1991)
    • State v. Benson, 376 NW2d 36 (ND 1985):
    • Witthauer v. Burkhart Roentgen, Inc., 467 NW2d 439 (ND 1991)
  • Notes: