What is the “consumer expectation test” in a defective products case?
The consumer expectation test is a measure used in defective product cases in Arkansas that determines whether a product is considered defective and whether the manufacturer should be liable. This test is used to assess a product’s performance against the expectations of the consumer. It looks at the product and how a reasonable consumer would expect it to perform and compares it to how the product actually performs. A product will be found to be defective if it does not meet the reasonable expectations of a typical consumer in its industry. For example, in a defective product case involving a faulty refrigerator, one would take into account the overall quality of the refrigerator and what a typical consumer would expect in terms of it working properly and efficiently. If the refrigerator does not meet the expectations of a reasonable consumer in its industry, then it can be found to be defective and the manufacturer would be liable for any damages caused by the defective product. The consumer expectation test also takes into consideration the product’s price point and how it fits into a typical consumer’s budget. If a consumer buys a refrigerator that costs more than similar models in the same industry, but it fails to meet their expectations, then the consumer can be found to have a case for a defective product. In Arkansas, the consumer expectation test is used to determine if a product is defective and if a manufacturer is liable for any damages caused by it. By assessing a product’s performance against the expectations of a typical consumer, a jury can decide whether or not a product is defective and whether the manufacturer should be held liable for any resulting damages.
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