13-1413. Manufacturer and lessor; duty to inspect; imputed knowledge.
A [manufacturer of a product] [lessor regularly engaged in leasing a product] must use ordinary care to inspect the product for conditions which will expose users [bystanders] to risk of injury and is charged with knowledge of that which a reasonable inspection would disclose.
USE NOTES
This instruction shall be given only if an issue exists concerning the necessity for, and adequacy of, inspection of the product and competent evidence has been presented to support a contention that a failure to inspect proximately caused plaintiff's injury. The instruction shall not be given unless the defendant supplier is either the manufacturer or a lessor of the product. For other suppliers, the duty to inspect is stated in UJI 13-1414.
Use of the appropriate brackets depends upon the identity of the defendant as manufacturer or lessor; bracketed "bystander" should be used where plaintiff was injured, but not while using the product.