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

The “consumer expectation test” is a standard used to determine if a product is defective according to Washington’s defective products law. With this test, courts in Washington will consider two main factors when deciding whether a product is defective. The first factor involves the product’s performance relative to the consumer’s expectations. Was the product performing in an acceptable manner based on what the consumer expected? If not, the product may be considered defective. The second factor is the product’s performance in general. Was the product performing in an acceptable manner based on what a reasonable consumer would expect? How does the product compare to other, similar products in its industry? If a product does not perform as expected and does not perform as well as other similar products, it may be considered defective according to this standard. When a consumer in Washington believes that a product is defective based on the consumer expectation test, he or she is entitled to receive compensation from the product’s manufacturer. This compensation may include reimbursement for the purchase price of the item, medical bills related to any injury caused by the product, and other relevant expenses incurred.

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