What is the “consumer’s expectations test” in defective products law?

In California, the “consumer’s expectations test” is a legal standard used in defective product cases. It is applied when a product is found to be defective, which means that it did not provide the safety benefits that an ordinary consumer would expect it to have. When a product is considered defective, it is judged by what a reasonable person under the same circumstances would have expected it to do. The expectation of a reasonable person is determined by market and industry standards, as well as what is written on the product packaging. To pass the consumer’s expectations test, the product must perform at least as well as the average user would expect it to under similar circumstances. The primary purpose of the test is to ensure that consumers receive the protection they expect from the product, or from the manufacturer or seller. When a product is judged to have failed the consumer’s expectations test, the court may award damages to the injured person. These damages may include medical costs, lost wages, or other costs associated with the use of the product. The court may also order the manufacturer or seller to pay punitive damages, which are intended to punish the company for its failure to provide a safe product. The consumer’s expectations test is important to determine whether a product is defective under the law and if a company should be held liable for any associated injuries. It is a way of protecting the rights and safety of consumers by holding companies accountable for their products.

What is the “consumer’s expectations test” in defective products law?

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