• 2007 - Misuse
  • C-21.40
    • Products Liability
    • Strict Products Liability
    • Tort Liability
  • Misuse of a product is the use of the product in a manner that the [manufacturer] [seller] could not have reasonably anticipated, or provided against. If you find that the [Plaintiff] [user] misused the product in a manner that the [manufacturer] [seller] could not have reasonably anticipated or provided against, and that this misuse was a proximate cause of the [Plaintiff’s injuries] [damage to Plaintiff’s property], the misuse constitutes fault on the part of the [Plaintiff] [user].
    • 32-03.2-02
    • Day v. Gen. Motors Corp., 345 NW2d 349 (ND 1984)
    • Kaufman v. Meditec, Inc., 353 NW2d 297 (ND 1984)
    • Mauch v. Mfrs. Sales & Serv., Inc., 345 NW2d 338 (ND 1984)
  • Notes: Since NDCC 32-03.2-02 was revised in 1993, the pure comparative fault in Day and Mauch are no longer applicable.