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

The “consumer expectation test” is a legal principle used in defective products law in New York. This test is used by a court to determine whether a product was defective and caused harm. The legal standard for this test is that the product must have fallen below the reasonable expectations of a consumer. In order to determine whether a product has met the consumer expectation test, the court must examine the design of the product, the instructions for use, and its warnings. This assessment allows the court to determine whether the product provides a level of safety that the consumer would have expected when purchasing the item. The consumer expectation test does not require that a product be perfect, but instead requires that it meets reasonable safety standards when used as intended. The court must also examine the actions of the consumer when determining if a product has met the consumer expectation test. The court must decide whether the consumer used the item in the way that it was intended to be used. If the consumer’s actions fall outside of what a reasonable person would do, then the court may find that the product was not defective. The consumer expectation test is a key element of defective products law in New York. By evaluating the design of a product, its instructions and warnings, and the actions of the consumer, the court can determine whether a product is defective and if it caused any harm.

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

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