What is “consumer expectation” in a product liability case?

In New York, consumer expectation is a key component of the state’s Dangerous Products Law. The law states that if a consumer was not aware of a potential danger when buying a product, the manufacturer of the product must be held liable for any injuries or damages sustained by the consumer. Consumer expectation is how the court determines whether or not a product is defective. The court will examine the potential for a consumer to expect danger from using the product. In other words, the court will ask if a reasonable person using the product should have expected the potential for danger. If the court finds that a reasonable person would have expected danger from the product, then the manufacturer can be held liable for any injuries or damages incurred due to defective design or manufacturing. In cases involving consumer expectation, the court will consider the environment in which the product was sold. For example, a product sold in a retail store has different expectations for danger than a product sold in an industrial environment. The court also looks at the type of product and its intended purpose. For example, a children’s toy needs to meet different safety expectations than a tool for construction. In sum, “consumer expectation” in a product liability case in New York is based on the court’s evaluation as to whether a reasonable person would have expected the possibility of danger when buying the product. If the court rules that the consumer had no reasonable expectation of danger, then the manufacturer can be held liable for any injuries or damages sustained due to the product.

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What is “consumer expectation” in a product liability case?

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