What is the “consumer expectation test”?
The “consumer expectation test” is a legal term used in the field of products liability law in Washington and other states. This test is used to determine whether a manufacturer is responsible for injuries caused by a product. It requires that the injured plaintiff demonstrate that a product failed to perform in the way that a reasonable consumer would expect it to perform. In order to be successful in a products liability claim, a plaintiff must establish that the product contained a defect or malfunctioned in some way. However, the consumer expectation test goes a step further by trying to figure out if the product contained a defect that was unexpected by the consumer. This is based on the idea that consumers expect certain safety standards from a product and manufacturers have a duty to provide a product that meets these expectations. For example, if a consumer buys a toaster, they would likely expect the device to stay on for a certain length of time and not cause an electrical fire. If the device starts a fire due to a defect in the wiring, the consumer expectation test would be used to determine whether the toaster was safe and adequately tested to meet the expectations of consumers. If it is found that the toaster did not meet the expected safety standards, the manufacturer could be held liable for any resulting damages.
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