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

In New York state, the “consumer’s expectations test” is an important element of defective products law. This test looks at whether a product meets what a customer could reasonably expect from it when it was purchased. Under this test, if a product fails to meet the ordinary expectations of the consumer, it is deemed "defective" and the seller may be held liable for any harm or injury that the customer suffers as a result of using the product. The burden of proof is on the consumer to show that the product was defective. This means the consumer must demonstrate that the product was not of the quality and condition that he or she reasonably expected it to be. The consumer is also expected to show that the product malfunctioned or was unreasonably dangerous, and that the defective product caused the plaintiff’s injury or damages. The “consumer’s expectations test” is often the determining factor in products liability cases which involve a defective product. In certain cases, the court will also consider other factors such as the state of the product when it was sold, the age and condition of the product at the time of injury, and the manufacturer’s knowledge of potential hazards or dangers from the product. In New York, this test can be applied in cases of both negligence and strict liability.

Related FAQs

What is the duty of care in a defective products case?
How do I know if I am a “consumer” in defective products law?
What is “strict product liability” in defective products law?
What is strict liability in defective products law?
What is the liability of a seller in defective products law?
Are there any defenses available to a product manufacturer in a defective products case?
Are punitive damages available in defective products cases?
What is defective products law?
What is a “failure to warn” defect in a defective products case?
What can I do if a manufacturer refuses to honor a warranty?

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

Related FAQs

Related Blog Posts