What is the “consumer expectation test” in defective products law?

The consumer expectation test in defective products law is a legal standard used to determine if a product is defective. In Indiana, the consumer expectation test is used to decide if a product that has caused injury is defective. The consumer expectation test is based on the idea that a manufacturer is responsible for any injury or loss caused by a product that does not match how a customer would reasonably expect it to work or perform. Under the consumer expectation test, a manufacturer is liable for the injury even if the product was not made with a defect, as long as the injury is something that a customer would not normally expect from the product. To find out if a product is defective under the consumer expectation test, the court will consider how the product was marketed, the warnings it carried, and the general understanding of how the product was supposed to perform. For example, if a customer buys a can of paint, and the paint is not properly sealed, leading to the paint spilling out and causing damage, the manufacturer could be held liable under the consumer expectation test. This is because the customer has a reasonable expectation that the can of paint will be properly sealed and not spill out. In short, the consumer expectation test is a legal principle used to determine if a defective product is to blame for an injury. It is based on the idea that a manufacturer should be responsible if their product does not meet customer expectations.

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