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

The “consumer expectation” defense is a legal defense in Florida when it comes to dangerous products law. This defense applies to cases where a consumer claims to be injured because a product did not perform as expected. To successfully use the consumer expectation defense, a defendant must prove that the product performed as a “reasonable consumer” would have expected it to perform. This defense is typically used to show that the product was not defective or unreasonably dangerous. For example, if a consumer were to buy a knife, they would expect it to be sharp and able to cut things. If a consumer were to try to use the knife to open a door, they could not use the consumer expectation defense to argue that the knife was defective or unreasonably dangerous. The consumer expectation defense is also used to argue that a manufacturer did not have a duty to warn the consumer of the risks associated with using the product. The defense claims that the consumer should have been aware of the risks based on their experience of using similar products. The manufacturer only needs to warn customers of hazards and risks if the consumer would not have otherwise been expected to be aware of them. In Florida, if the defendant successfully proves that the product performed as a reasonable consumer would have expected, a product liability claim can be dismissed. It is important to remember that the consumer expectation defense is not always successful and may not be applicable in certain product liability cases.

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

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