§ FORM NO 9-PRODUCT LIABILITY DEFINITIONS

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FORM NO. 9--PRODUCT LIABILITY DEFINITIONS

Definitions

    (a) Component means a part or ingredient. (Standard Product Liability Definition (a).)

    (b) Component(s) at issue means the [insert description of the alleged defective component(s) of The Product, e.g., “the steering mechanism”] alleged to be defective in this action. If The Product has only one component, the component at issue is The Product. (Standard Product Liability Definition (b).)

    (c) Component substantially similar to the component(s) at issue means ... [insert fact-specific description of “component substantially similar to the component(s) at issue”].

    (d) Occurrence, unless otherwise indicated, means the accident or other event complained of in the pleadings. (Standard Product Liability Definition (d).)

    (e) Product information means an instruction or warning as to use or risks of a product. (Standard Product Liability Definition (e).)

    (f) Substantially similar product means ... [insert fact-specific definition of “substantially similar product”].

    (g) The Product means the particular [insert description of product, e.g., “AXYZ Motors 1999 Dreammobile bearing Vehicle Identification Number ABCD1234EFG56”] alleged in the pleadings to have been involved in the occurrence. (Standard Product Liability Definition (g).)

    Committee note: Definitions (a), (b), (d), (e), and (g), in addition to the General Definitions, are designed to be used in product liability cases. Optional Definition (c) is designed to be used in conjunction with Standard Product Liability Interrogatories Nos. 39, 40, 44, and 45, and optional Definition (f) is designed to be used in conjunction with Nos. 5, 9, 32, 33, 34, 36, and 40. The Committee has concluded that it is not possible to formulate generic definitions for the terms “component substantially similar to the component(s) at issue” and “substantially similar product.”If an interrogating party elects to include the optional references to “substantially similar” products or components in the standard interrogatories, the interrogator should define those terms with sufficient particularity in the context of the facts at issue. If Definition (c) is not used, Interrogatory No. 39 and the bracketed language in Interrogatories Nos. 40, 44, and 45 should be omitted. If Definition (f) is not used, the bracketed language in Interrogatories Nos. 5, 9, 32, 33, 34, 36, and 40 should be omitted.