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

The “consumer expectation test” is a legal standard used in defective products law in California. First established in the 1979 California Supreme Court ruling of People v. Superior Court, the consumer expectation test holds that a product is defective if it does not meet the normal expectations of a reasonably prudent consumer. The test takes into account both the subjective and objective nature of product-related injury claims. The subjective aspect of the test takes into account the level of care and caution a typical, reasonably prudent person would expect from a product. The objective aspect of the test deals with what manufacturers should expect from the product, taking into consideration the state of the art and the intended purpose of the product. In order for an injured plaintiff to succeed in a product liability claim in California, they must prove that the product was both unreasonably dangerous and that it failed to meet the safety expectations of a reasonably prudent consumer. The court will consider factors such as the design of the product, the manufacturer’s knowledge of the product and its use, as well as the availability of an alternative design that would have prevented the injury. The consumer expectation test is an important legal standard used to establish a product’s liability in cases of injury caused by defective products. This test provides a basis for determining whether a product that caused injury was defective, and whether the manufacturer can be held liable for that injury.

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