PL Product Liability The issues for your determination on the claim of (claimant) against (defendant) are whether the (describe product) [sold] [supplied] by (defendant) was defective when it left the possession of (defendant) and, if so, whether such defect was a legal cause of [loss] [injury] [or] [damage] sustained by (claimant or person for whose injury claim is made). A product is defective PL 1. express warranty if it does not conform to representations of fact made by (defendant), orally or in writing, in connection with the [sale] [transaction], on which (name) relied in the [purchase and] use of the product. [Such a representation must be one of fact, rather than opinion.] PL 2. implied warranty of merchantability if it is not reasonably fit for the uses intended or reasonably foreseeable by (defendant). PL 3. implied warranty of fitness for particular purpose if it is not reasonably fit for the specific purpose for which (defendant) knowingly sold the product and for which the purchaser bought the product in reliance on the judgment of (defendant). PL 4. strict liability (manufacturing flaw) if it is in a condition unreasonably dangerous to [the user] [a person in the vicinity of the product*] and the product is expected to and does reach the user without substantial change affecting that condition. PL 5. strict liability (design defect) if by reason of its design the product is in a condition unreasonably dangerous to [the user] [a person in the vicinity of the product]* and the product is expected to and does reach the user without substantial change affecting that condition. A product is unreasonably dangerous because of its design if [the product fails to perform as safely as an ordinary consumer would expect when used as intended or in a manner reasonably foreseeable by the manufacturer] [or] [the risk of danger in the design outweighs the benefits]. If the greater weight of the evidence does not support the claim of (claimant), your verdict should be for (defendant). * See Notes on Use [However, if the greater weight of the evidence does support the claim of (claimant), then your verdict should be for (claimant) and against (defendant)]. *[However, if the greater weight of the evidence does support the claim of (claimant), then you shall consider the defense raised by (defendant). On the defense, the issues for your determination are (state defense issues)]. "Greater weight of the evidence" means the more persuasive and convincing force and effect of the entire evidence in the case. * See Notes on Use