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

In Washington, the “consumer’s expectations test” is a standard applied in defective products law. It is used to determine whether a product is defective and, thus, if it may be subject to a product liability claim. Under this standard, the product must fail to meet the consumer’s reasonable expectations for the product’s performance. The consumer’s expectations test does not place the burden of proof on the consumer, as must be done in many other areas of law. Instead, the test looks at the product to determine whether its performance was as expected by the consumer. It may also look at the manufacturer’s advertising and marketing materials to determine if they set a certain level of expectation. Additionally, the consumer’s expectations test looks at the product in context, meaning that the product must meet the consumer’s expectations based on the product’s type, the manufacturer’s reputation, the price, and other factors. For example, if the product is a premium-priced item, the consumer may have higher expectations than if the product was more affordable. Overall, Washington’s consumer’s expectations test is a means of determining whether a product is defective and, thus, subject to a product liability claim. By looking at the product in context, the expectations that were set, and whether the product meets those expectations, the consumer’s expectations test can help to determine if the product is, in fact, defective.

Related FAQs

What is the liability of a seller in defective products law?
What is the purpose of defective products law?
Are there any defenses available against a defective products claim?
Is there a limit on the amount of damages that can be awarded in a defective products case?
What types of evidence are necessary for a defective products case?
What can I do if a manufacturer refuses to honor a warranty?
What is the difference between a manufacturer’s defect and a design defect in a defective products case?
What is the duty of a manufacturer regarding a defective product?
What is a “breach of implied warranty” in a defective products claim?
How is negligence determined in a defective products case?

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

Related FAQs

Related Blog Posts