1247. Affirmative Defense Failure to Warn Government Contractor
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1247 Affirmative Defense?Failure to Warn?Government Contractor Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 [Name of defendant] may not be held liable for failure to warn about the dangers in the use of the [product] if it proves all of the following: 1. That [name of defendant] contracted with the United States government to provide the [product] for military use; 2. That the United States imposed reasonably precise specifications on [name of defendant] regarding the provision of warnings for the [product]; 3. That the [product] conformed to those specifications regarding warnings; and 4. That [name of defendant] warned the United States about the dangers in the use of the [product] that were known to [name of defendant] but not to the United States. New December 2010