What is the “consumer expectation test” in a defective products case?
The “consumer expectation test” is a legal standard used in defective products cases in the state of Indiana. It is used to determine whether or not a product has a manufacturing defect, which would mean that the manufacturer is liable for any injury or damage caused to the consumer. The consumer expectation test is based on the idea that consumers expect a product to meet certain basic safety standards and work according to its intended purpose. The standard is used to determine whether the product is fit for its intended use and is free from defects and unreasonable danger. When making a determination, a court looks at the product from the average user’s point of view. They consider what a reasonable person would expect from the product given the use it was intended for. The court also looks at what a reasonable person would have known about the product before they used it, such as reading the instructions or warnings, to determine whether or not the product met their expectations. If the court finds that the product was not reasonably safe and did not meet the consumer’s expectations, then the manufacturer can be held liable. The consumer expectation test is an important aspect of defective products law in Indiana, as it helps to protect consumers from potential harm and to hold manufacturers accountable for their products.
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