Legal Definitions - consumer-contemplation test

The consumer-contemplation test is a legal standard used in product liability cases to determine if a product is unreasonably dangerous. This test focuses on whether the risks or dangers associated with a product are greater than what an ordinary, reasonable consumer would expect when using the product as intended or in a foreseeable manner. If the product's danger exceeds these reasonable expectations, it may be deemed defective, potentially making the manufacturer liable for any resulting harm.

Here are some examples illustrating how the consumer-contemplation test might apply:

• Example 1: Unexpected Appliance Malfunction
  A consumer purchases a new electric kettle. While boiling water for the first time, the handle unexpectedly detaches, causing the hot water to spill and severely burn the user. A reasonable consumer expects an electric kettle to heat water safely and for its handle to remain securely attached during normal use. The danger of the handle detaching and causing severe burns is far greater than what a reasonable consumer would contemplate or expect from such a common kitchen appliance.

• Example 2: Hidden Contaminant in Food
  A person buys a bag of pre-cut frozen vegetables. While preparing a meal, they discover a sharp piece of plastic embedded within the vegetables, which could have caused injury if consumed. A reasonable consumer expects a bag of frozen vegetables to contain only vegetables and to be free from foreign objects that pose a physical hazard. The presence of a sharp piece of plastic is an unexpected and significant danger that exceeds what any reasonable person would anticipate when purchasing and consuming frozen vegetables.

• Example 3: Unforeseen Hazard in Children's Product
  A parent buys a baby stroller designed for infants. After a few weeks of use, a small, decorative part on the stroller's frame breaks off easily, revealing a sharp edge and becoming a potential choking hazard if swallowed by an infant. A reasonable parent purchasing a baby stroller expects it to be safe and durable for its intended use with an infant, without small parts easily detaching to create sharp edges or choking risks. The unexpected detachment of a part creating a new hazard is a danger far exceeding what a reasonable consumer would expect from a product designed for babies.