New Mexico Forms Library

Decision Information

Decision Content

13-1418. Warning or directions; adequacy.

            To satisfy the duty [to warn] [to give directions for use], [a warning] [directions for use] must be adequate. To be adequate, [a warning] [directions for use] must have certain characteristics:

(1) It must be in a form that can reasonably be expected to catch the attention of the reasonably foreseeable user of the product;

(2) It must be understandable to the reasonably foreseeable user of the product; and

(3) It must disclose the nature and extent of the danger. In this regard, there must be specified any harmful consequence which a reasonably foreseeable user would not understand from a general warning of the product's danger [or] [from a simple directive to use or not to use the product for a certain purpose or in a certain way].

 

USE NOTES

            This instruction is to be given only if there is a jury issue as to the adequacy of a warning or directions for use communicated by a supplier. If no warning has been given by the supplier and jury issues are limited to whether a foreseeable risk of injury necessitated a warning, this instruction shall not be given.

            The appropriate bracketed words are to be selected in the introductory paragraph depending upon whether the adequacy of a warning or directions for use is involved. In some cases, the adequacy of both warnings and directions may be an issue and, then, the introductory paragraph will have to be slightly modified to accommodate both warnings and directions. The bracketed language in Paragraph (3) should be given where the factual controversy over adequacy of a warning revolves around simple, directive language.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.