Consumer Expectations Test

Definition

The consumer expectations test is a legal doctrine used in product liability cases to determine whether a product is unreasonably dangerous. It focuses on the reasonable expectations of the ordinary consumer regarding the safety of a product, rather than on the manufacturer's conduct or the product's design.

5 Must Know Facts For Your Next Test

1. The consumer expectations test is used to determine whether a product is unreasonably dangerous, which is a key element in strict liability for product defects.
2. The test focuses on the reasonable expectations of the ordinary consumer regarding the safety of the product, not the manufacturer's conduct or the product's design.
3. The test considers whether the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.
4. The consumer expectations test is often used in cases involving manufacturing defects, where the product departs from its intended design.
5. The test is subjective and relies on the factfinder's determination of what a reasonable consumer would expect, based on the product's characteristics and the consumer's knowledge and experience.

Review Questions

• Explain how the consumer expectations test is used to determine product liability under the doctrine of strict liability.
  • The consumer expectations test is a key element in strict liability for product defects. It focuses on whether the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The test is subjective and relies on the factfinder's determination of what a reasonable consumer would expect, based on the product's characteristics and the consumer's knowledge and experience. If the product is found to be unreasonably dangerous according to the consumer expectations test, the manufacturer may be held strictly liable for any damages or injuries caused by the product, regardless of the degree of care taken by the manufacturer.
• Describe how the consumer expectations test differs from other approaches to determining product liability, such as the risk-utility test.
  • The consumer expectations test differs from the risk-utility test in that it focuses on the reasonable expectations of the ordinary consumer, rather than on the product's design and the manufacturer's conduct. The risk-utility test evaluates whether the benefits of the product's design outweigh the risks, considering factors such as the availability of safer alternatives, the likelihood and severity of harm, and the manufacturer's ability to eliminate the danger. In contrast, the consumer expectations test is more subjective, relying on the factfinder's determination of what a reasonable consumer would expect based on the product's characteristics and the consumer's knowledge and experience. The consumer expectations test is often used in cases involving manufacturing defects, while the risk-utility test is more commonly applied in design defect cases.
• Analyze the role of the consumer expectations test in the broader context of product liability law and its implications for manufacturers, consumers, and the legal system.
  • The consumer expectations test plays a crucial role in product liability law by shifting the focus from the manufacturer's conduct to the reasonable expectations of the ordinary consumer. This approach recognizes that consumers have a right to expect a certain level of safety from the products they use, regardless of the manufacturer's efforts. By holding manufacturers strictly liable for products that fail to meet these reasonable expectations, the consumer expectations test incentivizes manufacturers to prioritize consumer safety and invest in quality control. However, the subjective nature of the test can also create challenges, as the factfinder's determination of what a reasonable consumer would expect can vary. This can lead to inconsistent outcomes and potential difficulties for manufacturers in predicting liability. The broader implications of the consumer expectations test involve balancing the rights and responsibilities of consumers and manufacturers, as well as the role of the legal system in ensuring product safety and fair compensation for those harmed by defective products.

Related terms

Strict Liability:

A legal doctrine that holds a manufacturer or seller liable for damages caused by a defective product, regardless of the degree of care taken by the manufacturer or seller.

Product Liability: The area of law that deals with the liability of manufacturers, distributors, suppliers, retailers, and others who are part of the chain of distribution of a product, for damages or injuries caused by that product.

Reasonable Consumer: A hypothetical person who exercises the degree of care expected of a typical member of the public when using a product for its intended purpose.