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

The consumer expectation test and risk-utility test are two aspects of products liability law in Washington. The consumer expectation test looks at the expected safety of a product and whether a consumer can reasonably expect it to be safe under the circumstances. The risk-utility test weighs the risks of a product against its potential benefits to the consumer and society. The consumer expectation test considers whether a product is unreasonably dangerous for its intended use. The consumer must be able to reasonably expect that the product is safe to use in its normal and expected manner. Courts will look at various factors to make this determination, such as how the consumer used the product and the warnings that were included with the product. The risk-utility test looks at the risks and benefits of a product. It asks whether the risks of harm from the product are outweighed by its potential usefulness to the consumer and society. Courts consider several things, such as any known alternative designs or technologies, the cost of a safer product, and the cost of any foreseeable harm caused by a product. Together, the consumer expectation test and risk-utility test give courts the necessary tools to decide if a manufacturer is legally responsible for any harm caused by a product. They help to ensure that consumers are protected from potentially dangerous products, while also allowing manufacturers to keep up with consumer demand and technological advances.

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

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