Consumer expectation test

Definition

The consumer expectation test is a legal standard used to determine whether a product is defectively designed based on the expectations of an average consumer. It assesses whether a product's design is unreasonably dangerous, focusing on what an ordinary consumer would reasonably expect regarding the product's safety and performance. This test plays a crucial role in strict liability and product liability cases by helping to establish whether a manufacturer or seller is liable for injuries caused by their products.

5 Must Know Facts For Your Next Test

1. The consumer expectation test is often contrasted with the risk-utility test, which evaluates whether the benefits of a product's design outweigh its risks.
2. This test focuses on the perspective of an average consumer rather than expert opinions or technical specifications.
3. In applying this test, courts consider factors such as marketing representations and consumer knowledge at the time of purchase.
4. The test is crucial in assessing cases involving everyday consumer goods, such as appliances, toys, and vehicles.
5. If a product fails to meet the reasonable expectations of consumers regarding safety, manufacturers can be held liable for resulting injuries.

Review Questions

• How does the consumer expectation test differ from other tests used in determining product defects?
  • The consumer expectation test differs from other tests, like the risk-utility test, by focusing specifically on what an average consumer expects in terms of safety and performance. While the risk-utility test weighs the benefits against potential dangers, the consumer expectation test simply asks if the product meets typical expectations without delving into complex analyses of risk. This makes the consumer expectation test more accessible and straightforward for juries to understand in cases involving everyday products.
• Discuss how the application of the consumer expectation test impacts manufacturers' responsibilities in product liability cases.
  • The application of the consumer expectation test places significant responsibility on manufacturers to ensure that their products meet basic safety standards that consumers expect. If a product is found to be defectively designed based on this standard, manufacturers may face liability regardless of their intent or efforts to ensure safety. This reinforces the idea that manufacturers must prioritize consumer safety in their design processes, knowing that failure to do so can lead to serious legal repercussions if a product causes harm.
• Evaluate how evolving consumer expectations might influence future interpretations of the consumer expectation test in product liability lawsuits.
  • As societal norms and values change over time, evolving consumer expectations will likely shape future interpretations of the consumer expectation test. For instance, increased awareness of environmental issues and sustainability could lead consumers to expect safer and more eco-friendly products. Courts may adapt their assessments of what constitutes reasonable expectations based on these shifting perspectives, ultimately impacting how manufacturers design products and address safety concerns. This dynamic interaction between consumer expectations and legal standards will continue to influence product liability law moving forward.

Related terms

strict liability: A legal doctrine holding manufacturers and sellers responsible for defective products, regardless of fault or negligence.

product defect: A flaw in a product that makes it unsafe or unfit for its intended use, which can lead to liability for the manufacturer or seller.

design defect:

A type of product defect where the design of the product is inherently unsafe, even if it is manufactured correctly.