WPI 110.06 Government Specifications—Noncompliance
6 WAPRAC WPI 110.06Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 110.06 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part IX. Particularized Standards of Conduct
Chapter 110. Product Liability
WPI 110.06 Government Specifications—Noncompliance
If the injury-causing aspect of the product was not, at the time of manufacture, in compliance with a specific mandatory government specification relating to design or warnings, the product is not reasonably safe [as designed] [because adequate warnings or instructions were not provided].
NOTE ON USE
Use this instruction, along with WPI 110.02 (Manufacturer's Duty—Design) or WPI 110.03 (Manufacturer's Duty to Provide Warnings or Instructions With Product), if there is an issue whether the product complied with a specific mandatory government specification relating to design or warnings. Use bracketed material as applicable.
COMMENT
RCW 7.72.050(2).
The statute does not limit the specifications to “contract” specifications when dealing with non-compliance as it does when considering the defense. See WPI 110.05 (Government Contract Specifications—Defense). The statute's omission of the word “contract,” however, might have been inadvertent. See Talmadge, Washington's Product Liability Act, 5 U. Puget Sound L.Rev. 1, 13 n.54 (1981).
[Current as of December 2020.]
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