What is “consumer expectation” in a product liability case?
Consumer expectation is a concept used in product liability law in the state of Florida. It is based on whether or not a product meets a reasonable standard of safety that a consumer would expect when using it. It isn’t based on what the manufacturer intended, or whether the product was being used for its intended purpose. When a product is deemed to be defective under consumer expectation, it means that it was unreasonably dangerous for its intended purpose. This includes products that don’t live up to a consumer’s reasonable expectation of quality or safety for a product of similar characteristics. It also means that a manufacturer should have been aware that the product could pose a reasonable risk of harm to its users. In Florida, there are three main theories of liability for defective products: breach of warranty, strict liability, and negligence. To win a product liability case in the state of Florida, the plaintiff needs to prove that the product was defective based on consumer expectation. This includes proving that the product did not live up to a reasonable standard of safety and was unreasonably dangerous. If the plaintiff can prove all of this, then they may be able to recover compensation from the manufacturer for their medical bills and other losses related to the defective product.
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