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Charge 5.40D-2 CHARGE 5.40D-2 ― Page 1 of 1 5.40D-2 Design Defect — Introductory Statement to Jury (All Cases) (3/10) The defendant [name] as the manufacturer/seller of a [product] has the duty to make/sell a [product] that is reasonably safe. In this …
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Charge 5.34 CHARGE 5.40D-3 ― Page 20 of 20 5.40D-3 Design Defect — Legal Tests of Product Defect (Approved 4/99) Note to Judge Charge either (1) Consumer Expectations (in rare cases only), (2)(a) Reasonable Safer Design or (b) Risk-Utility Product Defect …
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Charge 5.40D-4 CHARGE 5.40D-4 ― Page 7 of 12 5.40D-4 Design Defect — Defenses (Approved 4/99; Revised 10/01) [When there is a jury question dealing with a statutory defense and/or affirmative defense the following law and questions are applicable.] 1. …
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Charge 5.40E CHARGE 5.40E ― Page 7 of 7 5.40E Crashworthiness — Special Issues (Approved 5/01) Note to Judge In Poliseno v. General Motors , 328 N.J. Super. 41 (App. Div. 2000), certif. denied , 165 N.J. 138 (2000), and Green v. General Motors , 310 N.J. …
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Charge 5.34 CHARGE 5.40F ― Page 1 of 1 5.40F Defect before Sale The next basic element of any product liability claim is that the product must have been defective when it was distributed by a manufacturer or seller who is being sued. In other words, …
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Charge 5.40G CHARGE 5.40G ― Page 3 of 4 5.40G Product Misuse or Alteration (Approved 12/93) [Use the following if there is an issue of misuse in terms of purpose.] The next element of the plaintiff's burden of proof is that at the time of the accident the …
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Charge 5.40H CHARGE 5.40H ― Page 1 of 1 5.40H ForEseeable User or Victim (Approved 2/89) [ Usually not given, but if required: ] That the defect caused injury to a direct or reasonably foreseeable user or to a person who might reasonably be expected to …
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Charge 5.40I CHARGE 5.40I ― Page 2 of 3 5.40I Proximate Cause (Approved 2/89; Revised 11/2023) A. In General The last requirement for holding a defendant liable is that the defect, whatever you find it to be, must have been a proximate cause of the …
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Charge 5.40J CHARGE 5.40J - Page 1 of 1 5.40J Comparative Fault1 (9/09) Defendant contends that plaintiff was at fault for the happening of the accident. To prevail on this claim, defendant must prove that plaintiff deliberately and knowingly acted in …
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Charge 5.40K CHARGE 5.40K ― Page 1 of 2 5.40K Summary (Approved 2/89) [ Review while going over jury verdict form ]. If you find that the plaintiff has shown by the preponderance (greater weight) of the credible evidence that (1) the product as designed, …
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Charge 5.40L CHARGE 5.40L ― Page 1 of 7 5.40L Negligence1 (Approved 8/86) The manufacturer of a product is under a duty to exercise reasonable care in the design of a product. The law imposes that duty in order to protect those who may be reasonably …
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Charge 5.40M CHARGE 5.40M ― Page 1 of 1 5.40M Express Warranty (Approved 8/86) Plaintiff also seeks to recover against the defendant(s) on the theory that certain express warranties made by the defendant(s) to the plaintiff have been breached. Such …
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CHARGE 5.50 ― Page 1 of 2 5.50 APPARENT AUTHORITY CHARGE (Approved 6/10) In this case, plaintiff(s) contend(s) that the defendant hospital is liable for the physician’s negligence under a theory of “apparent authority.” Apparent authority arises where a …
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CHARGE 5.50A ― Page 5 of 5 5.50A Duty and Negligence (Approved 3/02) In this case, the plaintiff(s), [ insert plaintiff(s) name(s) ], contend(s) that the defendants], [ insert defendant(s) name(s) ], was (were) negligent in the diagnosis and [/or] …
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CHARGE 5.50B ― Page 1 of 4 5.50B Common Knowledge May Furnish Standard of Care (Approved 3/02) Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctor's medical practice, which is called …
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CHARGE 5.50C ― Page 1 of 5 5.50C Informed Consent (Competent Adult and No Emergency) , (Approved 10/00; revised 3/02) A doctor must obtain the patient's informed consent before the doctor may treat or operate on the patient. The doctor has a duty to …
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CHARGE 5.50E — Page 9 of 9 5.50E Pre-Existing Condition — INCREASED RISK/LOSS OF CHANCE — PROXIMATE CAUSE (Approved 10/2014; Revised 03/2021) Note to Judge In a series of cases, including Fosgate v. Corona , 66 N.J. 268 (1974); Evers v. Dollinger , 95 …
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CHARGE 5.50F ― Page 6 of 7 5.50F Wrongful Birth and Life (Updated) (Approved 7/02) Note to Judge In Canesi v Wilson , 158 N.J. 490 (1999), the Supreme Court mandated that an informed consent charge be given in every wrongful birth case. The standard for …
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CHARGE 5.50G ― Page 1 of 2 5.50G MEDICAL JUDGMENT 1 (06/2014) 1 If a case does not involve a legitimate judgment call or two schools of thought, then the trial judge should omit this portion of the charge. In Velazquez v. Portadin , 163 N.J . 677 (2000), …
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CHARGE 5.50H ― Page 2 of 3 5.50H Alteration of Medical Records (Approved 7/02) Physicians have a duty to ensure that all treatment records accurately reflect the treatment or services rendered. Corrections or changes to entries may be made only where the …