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  • 5.32A Charges Document PDF
    njcourts.gov
    CHARGE 5.32A ― Page 1 of 2 5.32A DUTY OF PEDESTRIANS AND BICYCLISTS TO MAKE OBSERVATIONS (Approved 2/92) Both motorists and pedestrians (or bicyclists1) have mutual and reciprocal rights to the use of streets and highways and each has the right to expect …
  • 5.32B Charges Document PDF
    njcourts.gov
    CHARGE 5.32B ― Page 1 of 3 5.32B DUTY OF A PEDESTRIAN WHEN CROSSING AT A POINT OTHER THAN A CROSSWALK (Approved before 1983; Revised 4/02) A pedestrian crossing at a point other than a crosswalk is charged with the duty to exercise for his/her own safety …
  • 5.32C Charges Document PDF
    njcourts.gov
    CHARGE 5.32C ― Page 1 of 2 5.32C DUTY OF DRIVERS AND PEDESTRIANS CROSSING AT MARKED OR UNMARKED CROSSWALK (Approved 06/2010; Revised 03/2021) NOTE TO JUDGE This charge is limited to cases involving pedestrians as defined by N.J.S.A. 39:1-1. Under this …
  • 5.33 Charges Document PDF
    njcourts.gov
    CHARGE 5.33 — Page 1 of 4 5.33 LIMITATION ON LAWSUIT OPTION 1,2 (Approved 11/2000; Revised 04/2018) A. Introduction In order to recover damages in this case, plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit …
  • 5.34 Charges Document PDF
    njcourts.gov
    CHARGE 5.34 — Page 1 of 2 5.34 PROPERTY DAMAGE IN MOTOR VEHICLE ACCIDENTS (Approved 10/2009; Revised 01/2019) A. Photographic Evidence A number of photographs of one or more of the vehicles involved in the accident have been introduced into evidence. …
  • 5.40A Charges Document PDF
    njcourts.gov
    CHARGE 5.40A ― Page 1 of 3 5.40A PRODUCTS LIABILITY — Introduction: Caveats to Judges (3/10) NOTE TO JUDGE Caveats I. Since the passage of the Products Liability Act, N.J.S.A. 2A:58C-1 through 7, effective July 22, l987, there is one cause of action for …
  • 5.40B Charges Document PDF
    njcourts.gov
    CHARGE 5.40B — Page 1 of 8 5.40B MANUFACTURING DEFECT (Approved 10/1998; Revised 8/2011) Let me give you some applicable concepts which deal with the claim of manufacturing defect, and then I will explain what the plaintiff must prove in order to win in a …
  • 5.40C Charges Document PDF
    njcourts.gov
    CHARGE 5.40C ― Page 1 of 12 5.40C FAILURE TO WARN/INSTRUCT1 (Approved 3/00; Revised 11/2023) Let me now discuss the law governing the plaintiff’s claim of failure to warn. If a product fails to contain an adequate warning or instructions, it is defective. …
  • 5.40D-1 Charges Document PDF
    njcourts.gov
    CHARGE 5.40D-1 ― Page 1 of 5 5.40D-1 DESIGN DEFECT — GENERALLY (Approved 4/99; Revised 5/10) NOTE TO JUDGE A design defect may be established by different methods. One method is the Consumer Expectations Test. Another method is applying the Reasonable …
  • 5.40D-2 Charges Document PDF
    njcourts.gov
    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 duty1 to make/sell a [product] that is reasonably safe. In this charge when I …
  • 5.40D-3 Charges Document PDF
    njcourts.gov
    CHARGE 5.40D-3 ― Page 1 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 Analysis. If …
  • 5.40D-4 Charges Document PDF
    njcourts.gov
    CHARGE 5.40D-4 ― Page 1 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. Statutory Defenses …
  • 5.40E Charges Document PDF
    njcourts.gov
    CHARGE 5.40E ― Page 1 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. Super. 507, …
  • 5.40F Charges Document PDF
    njcourts.gov
    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, plaintiff must …
  • 5.40G Charges Document PDF
    njcourts.gov
    CHARGE 5.40G ― Page 1 of 4 5.40G PRODUCT MISUSE OR ALTERATION1 (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 product was …
  • 5.40H Charges Document PDF
    njcourts.gov
    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 come into contact …
  • 5.40I Charges Document PDF
    njcourts.gov
    CHARGE 5.40I ― Page 1 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 accident. Proximate …
  • 5.40J Charges Document PDF
    njcourts.gov
    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 such a way as to …
  • 5.40K Charges Document PDF
    njcourts.gov
    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, manufactured or …
  • 5.40L Charges Document PDF
    njcourts.gov
    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 expected to be in …