What is a “consumer expectation” test?

A consumer expectation test is a type of product liability test used in some U.S. states, including North Carolina. The test, which is sometimes known as the "consumer contemplation test," aims to determine whether a product that caused injury is defective. Under the test, courts consider how an average consumer would expect the product to perform—if the product does not perform in the way that an average consumer would expect, then it is considered to be defective. For example, if a consumer purchases a drill which suddenly stops working, they could use the consumer expectation test to determine whether the product is defective. If the consumer reasonably expected that the drill would not break down so suddenly, then the product could be deemed defective. In North Carolina, the consumer expectation test is used to determine whether a product is defective and was the cause of an injury. If the consumer expectation test is met, then the injured individual can seek damages for their injury from the manufacturer. To meet the test, the individual must show that a reasonable consumer would have expected the product to be safe and perform as intended.

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What is a “consumer expectation” test?

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