What is the “consumer expectation test” in a defective products case?
The “consumer expectation test” is a legal term used in defective products cases that applies in the state of Washington. This test happens in a court of law, when a consumer presents a defective product to the court, and the court evaluates the product to determine whether it was made and sold in a way that a reasonable consumer would expect it to be. In order to win a defective products case, the consumer must prove that the product did not live up to their reasonable expectations. To do this, the consumer must show that the product did not meet the standards of quality and performance that a reasonable consumer would consider appropriate for that particular product. The consumer must also prove that the failure of the product was the direct result of the manufacturing or design process. The consumer expectation test is based on objective criteria, meaning that the court must look at all the relevant facts from both sides of the dispute and make a good faith determination as to what a reasonable consumer would consider adequate for that particular product. The consumer expectation test is used to help the court determine whether the consumer has a valid legal claim against the manufacturer or seller of the defective product. In some cases, the consumer may also be able to establish that the product was unreasonably dangerous, in which case the consumer could get additional compensation and damages. Ultimately, the consumer has to prove that the product did not meet the reasonable consumer expectations in order to win a defective products case.
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