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

The “consumer expectation test” in defective products law in Virginia is a type of standard consumers use to determine if a product is defective and entitled to compensation. In order to prove a product is defective, the consumer must demonstrate that the product was not made or packaged to the typical standards expected by consumers. Because the consumer expectation test is subjective, courts must determine what the average consumer would expect, by looking at the product’s overall design, warnings, and instructions. The consumer expectation test is the primary way Virginia courts decide whether a product is defective. The test has two aspects. First, the court will determine if the manufacturer or seller knowingly failed to make a product that is safe, reliable, and fit for its intended purpose. Second, the court will examine the product itself to decide if the design, packaging, instructions, or warnings were in any way inadequate. If the court finds that the manufacturer or seller was in some way negligent, then the product may be considered defective. In addition to the consumer expectation test, Virginia courts may also consider other tests, such as a disregard for public safety test, to determine if a product is defective. To prove a product is defective under this test, it must be shown that the product was made with complete disregard for the health and safety of others. The consumer expectation test is the most important factor in determining if a product can be considered defective in Virginia. By looking at the product itself, as well as the manufacturer or seller’s intent, courts can decide if a product failed to meet the standards of an average consumer.

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

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