What is the legal standard for determining whether a product is dangerous or defective?

In North Carolina, the legal standard for determining whether a product is dangerous or defective is the consumer expectation test. This test is based on the idea that products should match the expectations of the average consumer. In other words, a product should be safe for its intended use and should not have any hidden defects. The first part of the consumer expectation test requires the court to consider the product’s purpose and intended use. If the product does not meet the reasonable expectations for its intended use, then the product may be considered defective. The second part of the consumer expectation test requires the court to consider any instructions and warnings that came with the product. If warnings or instructions fail to protect consumers from a foreseeable risk, then the product can be found defective. The third part of the consumer expectation test requires the court to consider the safety of the product in its foreseeable uses. If the product was likely to be dangerous in its foreseeable uses, it can be found defective. Finally, the consumer expectation test requires the court to consider the nature of the product in its “as manufactured” condition. If the product was unreasonably dangerous when manufactured, then it can be found defective. In sum, when determining whether a product is dangerous or defective in North Carolina the court considers the product’s intended use, instructions, warnings, foreseeable uses, and “as manufactured” condition. If it is found that the product does not meet the reasonable expectations of the average consumer, then it can be found to be dangerously or defectively designed.

What is the legal standard for determining whether a product is dangerous or defective?

Related FAQs

Related Blog Posts