B400.03. Strict Product Liability-Assumption of Risk-Damage Reduction

B400.03 Strict Product Liability--Assumption of Risk--Damage Reduction If you find that the plaintiff's injury was proximately caused by an unreasonably dangerous condition of the [product], and if you also find that the plaintiff assumed the risk of his injury, and if you further find that the plaintiff's fault in assuming the risk was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, you must then determine the amount of damages to be awarded by you [under Count ___] as follows: First, determine the total amount of damages to which the plaintiff would be entitled under the court's instructions if the plaintiff had not assumed the risk; Second, determine what portion or percentage is attributable solely to the plaintiff's fault in assuming the risk, considering the extent to which the plaintiff's assumption of risk, [the conduct of other tortfeasors on the verdict form] and the unreasonably dangerous condition of the [product] each proximately contributed to the plaintiff's [injury] [damage]; Third, reduce the total amount of the plaintiff's damages by the proportion or percentage of plaintiff's assumption of the risk. The resulting amount, after making such reduction, will be the amount of your verdict [under Count __].