• 2007 - Product Liability Negligence
  • C-21.03
    • Tort Liability
    • Tort Liability
  • To find a manufacturer at fault for negligent [design of] [manufacture of] [failure to adequately warn about] the product, the Plaintiff must prove these elements by the greater weight of the evidence:

     

    1) The manufacturer failed to use ordinary care and diligence in [(designing) (manufacturing) the product for the purposes for which it was intended or could reasonably be anticipated] [giving adequate warnings about dangers inherent in the intended or reasonably anticipated use of the product];

     

    2) The manufacturer’s failure to use ordinary care and diligence in the [design of] [manufacture of] [giving of adequate warnings about] the product resulted in a defective condition in the product when it was sold.

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    • Oanes v. Westgo, Inc., 476 NW2d 248 (ND 1991)
    • Speiker v. Westgo, Inc., 479 NW2d 837 (ND 1992)
  • Notes: