What is the “consumer expectation test” and “risk-utility test”?

The consumer expectation test and risk-utility tests are two important tests used in North Carolina’s products liability law. The consumer expectation test is meant to protect consumers from any injuries they may incur from using a product. It is based on the idea that if a consumer expects a certain level of safety and a product fails to meet that expectation, then the manufacturer may be liable for any damages incurred. The risk-utility test is used to determine if a manufacturer is liable for any harm caused by their product. This test looks at the risk posed by a product and whether or not it outweighs the benefit resulting from its use. This test considers factors such as the magnitude of the potential harm, the probability that it will occur, the cost of preventing the harm, the value of the product, and the cost of replacing it. If the risk outweighs the utility of the product, then a court may find the manufacturer liable for any damages caused by the product.

Related FAQs

How does a plaintiff prove causation in a product liability case?
What is the legal standard for determining if a product is “unreasonably dangerous”?
How do product liability laws differ between states?
Are there any regulations that govern product safety?
How does a manufacturer demonstrate that a product is safe?
What is a “strict products liability” claim?
What is the difference between negligence and strict liability?
What is a “breach of implied warranty” of product safety?
Does a plaintiff need to prove negligence in a product liability claim?
What are some common defenses used by defendants in product liability cases?

What is the “consumer expectation test” and “risk-utility test”?

Related FAQs

Related Blog Posts