What is a “consumer expectation” test?

A “consumer expectation” test is a legal test used in determining whether a product is defective in Washington. It considers whether the product met what consumers would reasonably expect in terms of safety and performance. This means that if a product is dangerous or fails to do what it is intended for, it may be considered defective and subject to products liability laws. In Washington, the courts consider several factors to determine if a product meets a consumer’s expectations, such as whether the product had adequate warnings or instructions and how it was used. Additionally, the courts will consider how consumers would have expected the product to perform based on their knowledge and experiences. For example, if a car is sold with a stated maximum speed of 30mph, the court may consider whether a reasonable consumer would expect it to go faster. If it does go faster, then the court may conclude that the car is defective and subject to products liability law. Overall, the consumer expectation test is used to determine if a product is defective under products liability laws in Washington, and whether a producer should be held liable if someone is injured by using the product.

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What is a “consumer expectation” test?

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