07.02 LIABILITY FOR DEFECT IN A PRODUCT Plaintiff's [first] theory of recovery is that plaintiff was [injured] [damaged] by a defect in a product which the defendant [made] [sold] [rented to (insert lessee)]. In order to recover, plaintiff must establish that it is more likely true than not true: (1) that the product was defective; (2) the product was defective when it left the possession of the defendant; and (3) a defect in the product was a legal cause of the [injury] [damage]. I will explain what "defect in the product" means and what "legal cause" means in a moment. Use Note This instruction is the introductory instruction for a cause of action in strict liability in tort. It should be used with Instruction 07.01. Instruction 07.03, which defines defect in a product, may need to be given also. Instruction 07.07 must be given to explain legal cause. Comment The Alaska Supreme Court adopted the strict liability in tort formulation of Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57, 27 Cal. Rptr. 697, 377 P.2d 897 (1963), in Clary v. Fifth Avenue Chrysler Centers, Inc., 454 P.2d 244, 248 (Alaska 1969). Quoting Greenman, the court held:
07.02 LIABILITY FOR DEFECT IN A PRODUCT Plaintiff's [first] theory of recovery is that plaintiff was [injured] [damaged] by a defect in a product which the defendant [made] [sold] [rented to (insert lessee)]. In order to recover, plaintiff must establish that it is more likely true than not true: (1) that the product was defective; (2) the product was defective when it left the possession of the defendant; and (3) a defect in the product was a legal cause of the [injury] [damage]. I will explain what "defect in the product" means and what "legal cause" means in a moment. Use Note This instruction is the introductory instruction for a cause of action in strict liability in tort. It should be used with Instruction 07.01. Instruction 07.03, which defines defect in a product, may need to be given also. Instruction 07.07 must be given to explain legal cause. Comment The Alaska Supreme Court adopted the strict liability in tort formulation of Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57, 27 Cal. Rptr. 697, 377 P.2d 897 (1963), in Clary v. Fifth Avenue Chrysler Centers, Inc., 454 P.2d 244, 248 (Alaska 1969). Quoting Greenman, the court held:
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