What is the “consumer expectation” defense to a product liability claim?
The “consumer expectation” defense is a defense used to protect sellers from liability when manufacturing a product. In Oklahoma, this defense is used to deny liability when the consumer does not receive the product as expected. This defense works to hold sellers to an expected standard in terms of the product performance, safety, and suitability for its anticipated purpose. The main element of this defense is that the product must have performed as expected given the reasonable expectations of the consumer. In other words, a seller can be held liable if the product does not live up to the reasonable expectations of the consumer. For example, if a consumer purchases a product expecting it to last for a certain period of time and it fails after a much shorter period of time, then the consumer may be able to hold the seller liable for any damage caused by the product. This defense is applied to products that require special expertise to be used properly. For example, a seller of a car can’t rely on the consumer’s expectations of how it will perform if the consumer did not have specific expertise in car maintenance. The “consumer expectation” defense is an important part of Oklahoma’s dangerous products law and helps to protect both consumers and sellers. By allowing a seller to rely on the consumer’s expectations, they can be held accountable for any product malfunction or failure. This defense also serves to protect consumers from harm caused by products that do not live up to their expectations.
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