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

The consumer expectation test is a legal doctrine used in New York state to determine whether a product is considered defective. It is a part of the larger body of defective products law. To prove a product is defective under the consumer expectation test, a claimant must show that the product was not of the expected quality or performance, and that it failed to meet the level of safety it should have. This means proving that the average consumer would have expected a particular level of quality and safety from the product, and the product did not reach that level. This level of quality and safety should be the same as any reasonably prudent manufacturer would have made the same product. For example, if a car manufacturer produces a car that goes significantly slower than the promised speed and breaks down more often than is normally expected, then the car may be considered defective due to the consumer expectation test. In this case, the claimant would have to prove that an average consumer would have expected a certain level of performance from the car, and that it did not reach that level. The consumer expectation test is an important legal doctrine for product liability claims as it allows a product to be classified as defective even if it was made to current safety standards. It is used to ensure that manufacturers are held responsible for producing defective and dangerous products.

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

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