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

The “consumer expectation test” is an important concept in defective product cases in California. This standard requires that a product meet the reasonable expectations of a typical consumer. The test is used to determine if a product was dangerously or negligently manufactured or designed, resulting in injury to a consumer. The test is based on a simple yet important idea. If a product fails to meet typical consumer expectations, then it can be considered a defective product. For example, if a tool is advertised as durable and long-lasting but fails after the first use, a court may consider that the product failed to meet the reasonable expectations of a consumer. When a defective product case is brought to court, it is the responsibility of the injured party to prove that the product failed to meet the expectations of a typical consumer. Factors that may go into determining a verdict include the product’s marketing materials (such as advertising, labels, and instructions), industry standards, and expert testimony. In other words, a court may rely on the opinion of experts to determine the level of safety and quality that a customer would reasonably expect of a product. By proving that a product failed to meet customer expectations, an injured party can demonstrate that they were harmed by a defective product and may be entitled to compensation under defective products law in California.

Related FAQs

What are the elements of a “strict liability” defective products claim?
What should I do if I think a product is defective?
What is the difference between a “strict liability” and a “negligence” product liability claim?
Are there any defenses available to a product manufacturer in a defective products case?
What are the elements of a “negligence” product liability claim?
How is negligence determined in a defective products case?
Is there a statute of limitations for defective products claims?
Is there a limit on the amount of damages that can be awarded in a defective products case?
Are there any consumer remedies available in defective products cases?
What is the purpose of defective products law?

Related Blog Posts

What Every Consumer Must Know About Defective Products Law - July 31, 2023
Understanding Your Rights: Defective Products Law Explained - August 7, 2023
What You Need to Know Before Filing a Defective Product Lawsuit - August 14, 2023
What to Do After Being Injured by a Defective Product - August 21, 2023
When to Seek Legal Representation for Defective Products Law Cases - August 28, 2023