What is the “consumer expectation test”?

The “consumer expectation test” is a legal standard used in North Carolina products liability law. This test is used to determine whether a product in question is defective and whether the manufacturer of that product is liable for any harm caused by that defect. The consumer expectation test focuses on whether an expected level of care was taken in the production of the product. The test looks at the typical, reasonable expectations of the consumer that would have purchased the item. The question is whether the product performed in a way that is consistent with what an ordinary consumer would have expected the product to do when it was placed on the market. In North Carolina, this test is used to evaluate the safety of a product based on a risk-benefit analysis. This means that the cost of the product to the consumer is weighed against the potential harm that could be caused by a product defect. A manufacturer can be liable for a product defect if the more serious risks of using the product outweigh any potential benefits. In sum, the consumer expectation test is a legal standard used in products liability law in North Carolina to determine whether a product is defective and whether the manufacturer of that product is liable for any harm from that defect. This test looks at what an ordinary consumer would expect the product to do when it was placed on the market and considers the cost of the product against the potential harm it could cause.

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What is the “consumer expectation test”?

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