San Bernardino California Jury Instruction — 2.1 with Defenses of Misuse and Assumption of Risk is a legal instruction provided to jurors in San Bernardino, California courts during trials involving personal injury or product liability cases. This instruction guides the jury on how to consider the defenses of misuse and assumption of risk when determining liability and damages. The defense of misuse refers to situations where the plaintiff used the product in a manner that was not intended or reasonably foreseeable by the manufacturer or defendant. It suggests that the plaintiff's actions contributed to or caused their own injuries. The jury instruction advises jurors to assess whether the plaintiff's actions amounted to misuse and, if so, whether such misuse was a substantial factor in causing the injuries. On the other hand, the defense of assumption of risk relates to situations where the plaintiff knowingly and voluntarily accepted the risks associated with using a particular product or engaging in an activity. It suggests that the plaintiff was aware of the potential dangers involved and willingly proceeded despite those risks. The jury instruction directs jurors to consider whether the plaintiff knew and appreciated the specific risks involved, whether they voluntarily assumed those risks, and if such assumption of risk contributed to the injuries sustained. Different types or variations of San Bernardino California Jury Instruction — 2.1 With Defenses of Misuse and Assumption of Risk may exist depending on the specific circumstances of each case. For example, there could be variations for cases involving different types of products or activities, such as automotive products, medical devices, or recreational activities. However, the core principles revolving around misuse and assumption of risk remain consistent. In conclusion, San Bernardino California Jury Instruction — 2.1 with Defenses of Misuse and Assumption of Risk is a crucial component of personal injury and product liability trials. It provides jurors with guidance on how to evaluate the plaintiff's potential misuse of a product and their assumption of associated risks, ultimately shaping their decision on liability and potential damages.