What is the “risk-utility test” in defective products law?

The “risk-utility test” is a legal concept used in defective products law in Washington that determines whether a product is defectively designed. In order to establish whether a product is defectively designed, courts must evaluate the product’s risks against the utility of the product. If the court finds that the risks outweigh the utility of the product, then the court will find that the product is defectively designed. When assessing the risk-utility of a product, courts consider the potential hazard a product poses, the likelihood and severity of injury from the product, the availability of an alternative product design, the cost of reducing the risk of injury, and the usefulness of the product. For example, a car manufacturer may try to justify a design defect by arguing that they made the car more affordable, but the court may still find that the risk of injury due to the design defect is greater than the utility of the product. In Washington, the risk-utility test is applied to determine whether a defective product has caused harm to a consumer. If the court finds that the product is defectively designed then the manufacturer may be liable to the consumer for any injuries that the product has caused. It is important to note that the court must evaluate many factors before determining if a product is defectively designed and that the risk-utility test is just one tool used to assess a product’s design.

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What is the “risk-utility test” in defective products law?

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