What is “consumer expectation” in a product liability case?
Consumer expectation is an important concept in product liability cases in California. It is the standard that is used to determine if a product is safe or if it is defective. Consumer expectation is based on what a reasonable consumer would expect the product to do. It takes into account the nature of the product, how it’s used, and how it was marketed or sold. In order to prove that a product is defective, the injured party must demonstrate that the product does not meet the consumer expectation. This means that the product did not perform properly, or was not made of safe materials, or did not come with the standard safety protections that consumers expect. The consumer expectation standard is applied differently in different product liability cases. For instance, in a case against an automobile manufacturer, the expectation is that the vehicle will function as intended, and the company must take reasonable steps to protect its customers. The manufacturer must also provide vehicles with the safety features that consumers expect. In California, if a product does not meet the consumer expectation standard, then the manufacturer can be held liable for damages suffered by the injured party. This means that a plaintiff in a product liability case can receive monetary compensation for injuries or losses suffered due to a product defect.
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