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Jury Instructions in Products Liability Lawsuits Based on Negligence

The judge gives the jury instructions after all the evidence is presented in a trial. The instructions tell the jury the law it must follow in reaching a verdict. The role of the jury is to consider all the evidence and determine what happened in the case. There are three separate theories of liability in products liability lawsuits: strict liability, negligence, and breach of warranty. Negligence is the lack of ordinary care. A manufacturer can be held liable for negligence if it fails to use due care in designing, manufacturing, or labeling its products. This article discusses jury instructions that are given in products liability lawsuits based on negligence.

Preliminary Instructions

The judge gives the jurors preliminary instructions describing their responsibilities. The judge tells the jurors not to read or listen to news reports about the case and not to discuss the case among themselves or with anyone else. The judge also tells the jurors not to form any opinion about the case until jury deliberations start.

Instructions on the Elements of a Products Liability Claim Based on Negligence

The jury instructions in a products liability lawsuit based on negligence identify the three elements that must be shown to prove negligence. These elements are: (1) the manufacturer had a duty to provide the consumer with a safe, non-defective product, (2) the manufacturer breached that duty by being careless or negligent; and (3) the defective product injured or harmed the consumer or his/her property.

Instructions on Damages

If the jury finds that the manufacturer was negligent, the jury instructions direct the jury to award damages to the consumer to compensate him/her for the injury. The jury is also instructed that they can award punitive damages to punish, deter, and make an example of the manufacturer.

Closing Instructions

The judge instructs the jury that its role is to decide the facts based on the evidence presented in the trial. The judge also tells the jury that it must follow the law exactly as the judge explains it to the jury, even if the jurors disagree with the law. The jurors are warned not to allow prejudice, bias, sympathy or public opinion to influence their decision.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.