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

The “consumer expectation” defense to a product liability claim is a legal argument which can be used to avoid or reduce the amount of damages that a person might be liable for if a product proves to be dangerous. This defense is based on the fact that the consumer has an expectation of a given level of safety when they purchase a product. In Utah, if a person uses the consumer expectation defense to attempt to limit liability, they must prove that the consumer knew of the risks posed by the product they purchased or used. In order to use this defense, the person needs to show that the consumer should have known that the particular product presented a risk of harm and was aware of that risk. In addition, the defendant must also prove that the product was used in a manner that was consistent with the expectations of the purchaser. That means if the product was not used in the way it was intended or as advertised, the defendant cannot use the consumer expectation defense. Finally, the defendant must also prove that the product had not changed from the time of purchase to the time of the harm and that the warnings and instructions that came with the product were followed. If any of these requirements are not met, the consumer expectation defense might not be available.

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

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