199x NDJI-CIVIL 414
Every person has a duty to act reasonably to protect others from harm. One who, directly or through a third person, supplies a [chattel] for another to use is subject to liability to those whom the supplier should expect a) to use the [chattel] with the consent of the other or b) to be endangered by its probable use, for physical harm caused by the use of the [chattel] in the manner for which it is supplied and by a person for whose use it is supplied, if the supplier:
a) knows or has reason to know that the chattel is or is likely to be dangerous for the use for which it is supplied, and
b) has no reason to believe that those for whose use the [chattel] is supplied will realize its dangerous conditions, and
c) fails to exercise reasonable care to inform them of that dangerous condition or the facts that make it likely to be dangerous.
Barness v. Diesel, 383 N.W.2d 840, 845 (N.D. 1986)
Restatement (Second) of Torts (1965) sec. 388
(This jury instruction quotes directly from RS sec. 388 which
is cited in Barness, supra.)
NOTE: The court should insert the specific description of the
This instruction is applicable to all persons supplying
chattels for the use of others, whether as manufacturer,
seller, lessor or bailor, either for hire or gratuitous.