7.13 Integrated Product Manufacturer’s Duty to Warn

On the plaintiff [name]’s duty to warn claim, the plaintiff [name] has the burden of proving the following elements by a preponderance of the evidence:

First, the defendant [name] manufactured a product that required the incorporation of a part for the integrated product to function as intended;

Second, the defendant [name] knew or had reason to know that the integrated product was likely to be dangerous for its intended use[s];

Third, the defendant [name] had no reason to believe that the product’s users would realize that danger; and

Fourth, the product’s dangerous condition caused foreseeable injury to the plaintiff [name].

If you find the plaintiff [name] has proven the elements on which [he] [she] [other pronoun] has the burden of proof, your verdict should be for the plaintiff [name]. If, on the other hand, the plaintiff [name] has failed to prove any of these elements, your verdict should be for the defendant [name].

Comment

See Air & Liquid Sys. Corp. v. DeVries, 586 U.S. 446, 457 (2019).

Revised March 2025