403.15 Issues on Main Claim

403.15 Issues on Main Claim The [next] issues you must decide on [name of claimant]'s claim against [name of defendant] are: a. Express Warranty: Whether [name of product] failed to conform to representations of fact made by [name of defendant], orally or in writing, in connection with the [sale] [transaction], on which [name] relied in the purchase and] use of the product, and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. b. Implied Warrant of Merchantability: Whether [name of product] was not reasonably fit for either the uses intended or the uses reasonably foreseeable by [name of defendant], and if so, whether that lack of fitness was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. c. Implied Warranty of Fitness for Particular Purpose: Whether [name of product] was not reasonably fit the specific purpose for which [name of defendant] knowingly sold [name of product] and for which [name of claimant] bought [name of product] in reliance on the judgment of [name of defendant] and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. d. Strict Liability--Manufacturing Defect: Whether [name of product] was made differently than its intended design and thereby failed to perform as safely as intended and [name of product] reached [name of claimant] without substantial change affecting the condition and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. e. Strict Liability--Design Defect: Whether [[name of product] failed to perform as safely as an ordinary consumer would expect when used as intended or in a manner reasonably foreseeable by the manufacturer], [and] [or] [the risk of danger in the design of the product outweighs the benefits of the product] and [name of product] reached [name of claimant] without substantial change affecting the condition and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. f. Strict Liability--Failure to Warn: Whether the foreseeable risks of harm from [name of product] could have been reduced or avoided by providing reasonable instructions or warnings and the failure to provide those warnings made [name of product] unreasonably dangerous and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. g. Negligence: Whether [name of defendant] was negligent in [describe alleged negligence], and, if so, whether that was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made]. h. Negligent Failure to Warn: Whether [name of defendant] negligently failed to warn about particular risks involved in the use of [name of product], and, if so, whether that failure to warn was a legal cause of the [loss] [injury] [or] [damage] to [name of claimant, decedent, or person for whose injury claim is made].