400.01.01. Strict Product Liability-Issues-Non-Specific Defect

400.01.01 Strict Product Liability--Issues--Non-Specific Defect [1] [Under Count ___,] T[t]he plaintiff claims that he was injured [while using] [as a result of the use of] the [product name] and that there existed in the product at the time it left the control of the defendant a condition which made it unreasonably dangerous because (a) [describe the occurrence, e.g., "In running off the road"] the [product name] did not perform in the manner reasonably to be expected in light of its nature and intended function, he was using the [product] in a normal manner, and there was no other reasonable cause of the product's failure to perform. (b) (c) [2] The plaintiff further claims that the unreasonably dangerous condition of the [product] was a proximate cause of his injuries. [3] The defendant denies [that the [product] was ever in its control;] [that the [product] was in an unreasonably dangerous condition at the time it left the defendant's control;] [that the [product] failed to perform in the manner reasonably to be expected in light of its nature and intended function;] [that the plaintiff was using the [product] in a normal manner;] [that there was no other reasonable cause of the product's failure to perform;] [that any unreasonably dangerous condition of the [product] was a proximate cause of the plaintiff's injuries], and [that the plaintiff was injured to the extent claimed.] [4] [The defendant also claims that the plaintiff assumed the risk of injury in one or more of the following respects: [Set forth in simple form without undue emphasis or repetition the affirmative allegations in the answer which have not been withdrawn or ruled out by the court and are supported by the evidence.]] [5] [The defendant also claims that one or more of the foregoing was a proximate cause of the plaintiff's injury.] [6] [Plaintiff denies that he assumed the risk of injury and also denies that any assumption of risk on his part was a proximate cause of his injuries.] Instruction revised December 2007.