What is the “consumer expectation test” in defective products law?
The consumer expectation test is a concept used in defective products law in Arkansas to determine if a product is considered defective. The test looks at what the reasonable expectations of the consumer were at the time of purchase. This means that in order to determine if a product is considered defective, the court must take into consideration what a consumer would expect the product to do when it is used as it is intended to be used. If the product does not perform to the consumer’s expectations, then it is considered to be defective. To prove that a product is defective, the consumer must provide evidence that the product did not perform in a manner that was expected by an average consumer when it was used as intended. This includes showing that the product had design, manufacturing, or labeling defects that caused it to be less effective than expected. For a product to be considered defective, the consumer must prove that the product failed to do what they expected it to do when used correctly. The court must also consider the type of product when determining if it is defective, as not all products have equal expectations. The consumer expectation test is used to ensure that consumers are not left with defective products that do not meet their expectations.
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