UJI 13-1412 NMRA
UJI 13-1412. Obvious or known danger; design and safety device.
The supplier is not relieved of a duty to use ordinary care [to design the product to
avoid a risk] [or] [to adopt a safety device] simply because the risk is obvious or may be
known to the user. The supplier must use ordinary care [to design the product to avoid
the risk] [or] [to adopt a safety device] if the supplier could reasonably expect that the
user will fail to protect themselves or others, despite awareness of the danger.
In connection with the claim under “products liability,” a product may present an
unreasonable risk of injury even though the risk is obvious or may be known to the user.
An obvious risk of injury is unacceptable and must be avoided by [product design] [or]
[the adoption of a suitable safety device] where a reasonably prudent supplier having
full knowledge of the risk would expect that the user will fail to protect themselves or
others, despite awareness of the danger.