What is the “consumer expectation test”?

In Louisiana, one of the tests that is used to determine if a product is defective is called the “consumer expectation test”. This test involves looking at how a reasonable consumer would expect a product to work and function. If the product does not meet the consumer’s reasonable expectations then it may be considered defective and the manufacturer may be held liable for any damage caused by the defective product. The consumer expectation test is based on the principle that if a product does not perform as it was intended or does not meet the consumer’s reasonable expectations then it may be considered defective. For example, if a consumer purchased a new toaster and the toaster does not toast bread evenly then the toaster may be considered defective under this test. The consumer expectation test is not the only test that is used to determine product defectiveness in Louisiana. Other tests include the “risk-benefit analysis”, “manufacturing defect test” and “strict liability test”. The risk-benefit analysis looks at the risks and benefits of using the product, the manufacturing defect test looks at whether the product was defectively manufactured, and the strict liability test looks at whether the manufacturer was negligent in the designing of the product.

Related FAQs

What are the damages that a plaintiff can recover in a product liability case?
What is the legal standard for determining whether a product is dangerous or defective?
What is a “strict products liability” claim?
What protections does product liability law provide to consumers?
What is the liability of a seller for a defective product?
How does a product liability claim arise due to a design defect?
Is a company liable for product defects that were caused by a third party?
How do product liability laws differ between states?
Is a manufacturer liable for products they did not manufacture but only sold?
Are there any regulations that govern product safety?

What is the “consumer expectation test”?

Related FAQs

Related Blog Posts