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

The “consumer expectation” defense is a legal argument raised in product liability claims in Washington. When a person is injured or otherwise harmed by a product, they may make a claim against the manufacturer, alleging that the product is “unreasonably dangerous” or “defective.” The consumer expectation defense is an argument used by a manufacturer to counter a claim that their product is unreasonably dangerous. The manufacturer will argue that their product is not unreasonably dangerous because a reasonable consumer would expect it to have the same level of danger as similar products. In other words, the manufacturer will argue that if their product has the same level of danger as other similar products, then it is not unreasonably dangerous. For example, if a consumer is injured by a power tool, the manufacturer can use the consumer expectation defense to argue that the product is not unreasonably dangerous because a reasonable consumer would expect a power tool to have some level of danger. If the power tool has the same level of danger as other similar products, then it is not unreasonably dangerous. The consumer expectation defense is just one part of a product liability claim in Washington. Manufacturers are still responsible for the safety of their products, even if the product meets the consumer expectation of safety. The consumer expectation defense is just a tool that may help a manufacturer defend themselves against a product liability claim.

Related FAQs

What is a “state of the art” defense to a product liability claim?
What is a “statute of limitations” defense to a product liability claim?
What is a “fraudulent misrepresentation” defense to a product liability claim?
What is a marketing defect?
What is a warning defense?
Are there limits to the amount of damages that I can receive if I win a product liability lawsuit?
What are the elements of a strict liability product liability claim?
Who can I hold liable if I am injured by a defective product?
What is the Restatement Third of Torts?
What legal remedies are available in a product liability case?

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

Related FAQs

Related Blog Posts