Define: Consumer Expectations Test

The Consumer Expectations Test is a legal principle used to determine whether a product is defective or unreasonably dangerous. It assesses whether the product’s design, warnings, or instructions meet the reasonable expectations of an ordinary consumer.

Unlike other tests, such as the Risk-Utility Test, the Consumer Expectations Test focuses solely on the expectations of an ordinary consumer. It does not consider the risks and benefits associated with the product’s design or use.

When applying the Consumer Expectations Test, factors such as the product’s intended use, its marketing and advertising claims, industry standards, and any prior incidents or complaints are taken into account. These factors help determine whether the product meets the reasonable expectations of consumers.

The Consumer Expectations Test is commonly used in product liability cases involving defective or dangerous products. However, its applicability may vary depending on the jurisdiction and specific circumstances of the case.

In a Consumer Expectations Test case, the burden of proof lies with the plaintiff. They must demonstrate that the product’s design, warnings, or instructions did not meet the reasonable expectations of an ordinary consumer.

Yes, a manufacturer can still be held liable even if a product meets the Consumer Expectations Test. The test is just one factor considered in determining liability. Other factors, such as negligence or failure to warn, may also be taken into account.

Yes, manufacturers can assert various defences in a Consumer Expectations Test case. These may include showing that the product was altered or misused by the consumer, that the consumer was aware of the product’s risks, or that the product complied with industry standards.

Yes, a consumer can still sue for damages even if a product meets their expectations. The Consumer Expectations Test focuses on the reasonable expectations of an ordinary consumer, but it does not absolve manufacturers of their duty to provide safe products.

The Consumer Expectations Test is primarily used in product liability cases. However, some jurisdictions may apply similar principles to assess whether a service provider met the reasonable expectations of a consumer.

To determine if your case meets the requirements of the Consumer Expectations Test, it is advisable to consult with an experienced attorney specializing in product liability. They can evaluate the specific facts of your case and provide guidance on the applicable legal principles.