What is the “consumer expectation” defense to a product liability claim?

The “consumer expectation” defense is a type of legal defense used in product liability cases in California. This defense argues that the product, although defective, met the reasonable expectations of the average consumer using the product. In order for the defense to be successful, the manufacturer must prove that their product was safe if used in accordance with its purpose and that no defect existed that would be considered unreasonable. In order to prove this defense, the manufacturer must be able to demonstrate that the product was designed according to the accepted standards at the time and that any warnings or instructions given were reasonable and adequate. Furthermore, the manufacturer must show that the ordinary person who used the product would have had an expectation of safety when using the product correctly. They also must show that the product was designed and manufactured in a way that would not be likely to cause injury. In sum, the “consumer expectation” defense is an attempted defense in product liability cases in California where the manufacturer of a product is trying to prove that the product was designed in line with the accepted standards at the time and that it would be reasonably safe for any ordinary user to use in accordance with its purpose.

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What is the “consumer expectation” defense to a product liability claim?

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