400.02.01. Strict Product Liability-Burden of Proof-Non-Specific Defect

400.02.01 Strict Product Liability--Burden of Proof--Non-Specific Defect [Under Count ____,] T[t]he plaintiff has the burden of proving each of the following propositions: First, that there existed in the [product] a condition which made the [product] unreasonably dangerous because (a) [describe the occurrence, e.g., "in running off the road"] the [product] failed to 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) Second, that the condition existed at the time the [product] left the control of the defendant; Third, that the plaintiff was injured; and Fourth, that the unreasonably dangerous condition of the [product] was a proximate cause of the plaintiff's injuries. If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. But if, on the other hand, you find from your consideration of all the evidence that any one of these propositions has not been proved, then your verdict should be for the defendant. Instruction revised December 2007.