What is the “consumer expectation test” in defective products law?
The “consumer expectation test” is a legal doctrine in Arkansas that helps determine if a product is defective and if a customer is entitled to damages as a result. This test determines if the product was not of the expected or acceptable quality. The test looks at how a customer should reasonably expect a product to perform in the situation it was purchased for, not how the manufacturer recommends it be used or how the product was designed. The judge or jury will look at the quality of the product in question, as well as what the customer could expect of it based on the way it was marketed or advertised. For example, if a customer buys a new toaster oven, they would expect the appliance to be able to heat up quickly, maintain a consistent temperature, and have a reliable timer. If the toaster oven fails on one or more of these expectations, then it could be considered defective under the “consumer expectation test.” The customer would then be entitled to damages for the cost of the product as well as any other inconvenience caused by the defect. In Arkansas, the “consumer expectation test” is a standard measure of a product’s quality and if it is legally considered defective. The test ensures that the customer’s rights are protected and they are not taken advantage of by manufacturers.
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