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

The “consumer expectation” defense to a product liability claim is a legal argument in which an alleged defendant argues that their product met the standard of what a reasonable consumer would expect in terms of safety. In New York, this defense applies to product liability claims based on negligence or strict liability. To successfully use a consumer expectation defense in New York, the defendant must prove that the product was not unreasonably dangerous or defective. In some cases, the defendant may also need to prove that the reasonable consumer expects such a level of safety. To prove this argument, the defendant must typically provide evidence that their product was designed in a way that met industry safety standards and that it was tested for safety before being released to the public. The consumer expectation defense is an important legal tool for product manufacturers and sellers to avoid liability in product liability claims. By establishing that their product met the expected level of safety, the defendant can avoid being held legally liable for any damages caused. However, if a court finds that a product was unreasonably dangerous or defective, then the consumer expectation defense cannot be used. It is ultimately up to the court to decide whether or not a product meets the standard of what a reasonable consumer expects in terms of safety.

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

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