13-1415. Duty of the supplier; warning.
The supplier must use ordinary care to warn of a risk of injury. However, there is no duty to warn of a risk unknown to the supplier, unless, by the use of ordinary care, the supplier should have known of the risk.
Under plaintiff's claim of "products liability", a product presents an unreasonable risk of injury if put on the market without warning of a risk which could be avoided by the giving of an adequate warning.
[The supplier has no duty to warn of risks which [he] [she] [it] can reasonably expect to be obvious or known to foreseeable users of the product.]
USE NOTES
This instruction must be given where the supplier's failure to warn of a risk of injury is a submissible issue.
The first paragraph shall be given in a negligence case. The second paragraph shall be given in a strict liability case. Where both theories are submitted, both paragraphs shall be given.
The bracketed third paragraph is used only if there is sufficient evidence to support a jury's determination that the risk of injury involved was one which a supplier could reasonably expect to be obvious to foreseeable users.
[As amended, effective November 1, 1991.]