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WPI 110.20 Burden of Proof—Defect in Construction—No Affirmative Defense

6 WAPRAC WPI 110.20Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 110.20 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part IX. Particularized Standards of Conduct
Chapter 110. Product Liability
WPI 110.20 Burden of Proof—Defect in Construction—No Affirmative Defense
The plaintiff has the burden of proving each of the following propositions:
First, that the defendant [was a manufacturer and] supplied a product that was not reasonably safe in construction at the time the product left the defendant's control;
Second, that the [plaintiff was injured] [and] [or] [plaintiff's property was damaged]; and
Third, that the unsafe condition of the product was a proximate cause of the plaintiff's [injury] [and] [or] [damage].
If you find from your consideration of all the evidence that each of these propositions has been proved, your verdict should be for the plaintiff. On the other hand, if any of these propositions has not been proved, your verdict should be for the defendant.
Use this instruction, along with WPI 110.01 (Manufacturer's Duty—Defect in Construction) if the issue is a manufacturer's strict liability for a defect in construction and there is no affirmative defense.
Use bracketed material as applicable. If there is a jury issue whether the defendant was a manufacturer as defined in RCW 7.72.010, use the material in the first set of brackets.
Along with this instruction, use: the applicable proximate cause instruction from WPI Chapter 15; WPI 21.01 (Meaning of Burden of Proof—Preponderance of Evidence); and the appropriate product liability verdict form (either WPI 110.30.01 (Special Verdict Form—Product Liability—No Affirmative Defenses—No Empty Chairs) or WPI 110.30.02 (Special Verdict Form—Product Liability—No Affirmative Defenses—Empty Chairs)).
[Current as of December 2020.]
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