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.

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What is the “consumer expectation test”?

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