Define: Consumer-Expectation Test

The Consumer-Expectation Test is a legal standard used to determine whether a product is defective. It asks whether the product performed as safely as an ordinary consumer would expect it to.

The Consumer-Expectation Test is used in product liability cases to determine whether a product is defective and whether the manufacturer is liable for any injuries or damages caused by the product.

The Consumer-Expectation Test considers factors such as the product’s intended use, the likelihood and severity of harm, and the feasibility of making the product safer.

The Consumer-Expectation Test focuses on the expectations of an ordinary consumer, while the Risk-Utility Test considers the risks and benefits of a product and whether the benefits outweigh the risks.

Any product that is sold to consumers can be subject to the Consumer-Expectation Test, including consumer goods, medical devices, and vehicles.

The burden of proof is on the plaintiff to show that the product was defective and that the defect caused their injuries or damages.

Yes, a manufacturer can still be held liable under the Consumer-Expectation Test if the product was used improperly, as long as the defect was a cause of the injury or damages.

Yes, a plaintiff can still recover damages under the Consumer-Expectation Test if they were partially at fault for their injuries, as long as the manufacturer’s defect was also a cause of the injury.

A manufacturer can argue that the product was not defective, that the plaintiff misused the product, or that the plaintiff assumed the risk of using the product.

Consumers can protect themselves by researching products before purchasing, following instructions and warnings, and reporting any defects or injuries to the manufacturer or regulatory agencies.