What is a “consumer expectation” test?

The "consumer expectation" test is a legal standard used within the field of products liability law in Virginia. This test is used to determine whether or not a product is defective and whether or not the manufacturer is legally liable for any damages caused by the product. Under this test, a product is considered to be defective if it fails to meet the reasonable safety expectations of the general population. In other words, if the product does not perform in a way that is expected by the average consumer, it is considered to be defective. For example, a car might be considered defective if it cannot safely navigate a turn at a reasonable speed, even though there is nothing technically wrong with the car. In determining whether or not a product is defective, courts may consider various factors. These factors can include the instructions or warnings included with the product, the general safety features of the product, how it was marketed and promoted, and the general safety of similar products on the market. If it is determined that a product is defective and the manufacturer is liable, the manufacturer may be required to pay damages to any parties who were injured or suffered losses because of the defective product. It is important to note that the consumer expectation test is just one of several tests that may be used in products liability cases.

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What is a “consumer expectation” test?

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