2803. Employers Defective Product (Lab. Code, § 3602(b)(3)) Essential Factual Elements

2803. Employer's Defective Product--Essential Factual Elements (Lab. Code, § 3602(b)(3)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed by a defective product manufactured by [name of defendant]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 6. That the [product] was manufactured by [name of defendant]; That the [product] was [sold/leased/transferred for valuable consideration] to an independent third person; That the third person then provided the [product] for [name of plaintiff]'s use; That the [product] was defective in design or manufacture; That [name of plaintiff] was harmed; and That the [product] was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003