What is a “consumer expectation” test?

A consumer expectation test is a type of legal standard used to determine whether a product was defective or unreasonably dangerous in products liability law. This test is used specifically in Florida, and it judges products by the safety standards that the average consumer would reasonably expect. In order for a plaintiff to qualify for a products liability claim based on a consumer expectation test, four elements must be present. The product must have been unreasonably dangerous at the time it left the seller’s hands and must have been the cause of the plaintiff’s injury. The plaintiff also must prove that the defect was present when the product left the seller’s hands, and the product must have been used in a way that was consistent with how a reasonable person would use it. When the court is applying this test, it looks at all of the possible facts and determines if the product was unreasonably dangerous or not. In determining whether a product was unreasonably dangerous or not, the court take into account anything like the product’s design, its construction, its warnings and instructions, and any other factors that a reasonable person might have considered when deciding whether to purchase the product. If the product is found to be unreasonably dangerous, then the plaintiff may be awarded damages.

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What is a “consumer expectation” test?

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