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

The “consumer expectation” defense is a type of defense that a manufacturer can use to avoid liability in a product liability claim. This defense essentially states that the product was used in a way other than what the manufacturer intends and that the buyer was not expecting the product to be used in this way. In other words, the buyer expected something other than what he or she received. In South Dakota, this defense is typically used when an injured consumer attempts to prove that a product was defective due to the design or manufacture of the product. This is known as a “defect” claim. The defendant must then prove that the consumer expectation was not met, as opposed to the product having a defect. For example, if a product is designed and marketed for use in a certain manner, the defendant could present evidence that the consumer was using it in a different way than what was intended. They would need to prove that the consumer had no reasonable expectation that the product would function in this manner and that the product was not unreasonably dangerous when used in this way. The success of this defense largely depends on the facts of each individual case. It’s important for the defendant to present as much evidence as possible, such as a product description or instructions, to show that the consumer did not have a reasonable expectation that the product would be used in a certain way. In South Dakota, the “consumer expectation” defense can be used to defend against product liability claims.

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

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