Legal Definitions - consumer-expectation test

The consumer-expectation test is a legal standard used primarily in product liability cases to determine if a product is defective and unreasonably dangerous. Under this test, a product is considered defective if it fails to perform as safely as an ordinary consumer would expect when the product is used in an intended or reasonably foreseeable manner. The focus is on the reasonable expectations of the average purchaser, rather than on complex engineering specifications or a detailed analysis of risks versus benefits.

Here are some examples illustrating the consumer-expectation test:

• Example 1: Defective Household Appliance

  A family purchases a new electric kettle. After using it for a few weeks according to the manufacturer's instructions, the kettle's handle unexpectedly detaches while pouring hot water, causing the water to spill and burn the user. An ordinary consumer would reasonably expect an electric kettle to have a securely attached handle that allows for safe pouring of hot liquids. The kettle's failure to meet this basic safety expectation would likely be evaluated under the consumer-expectation test to determine if it was defective.

• Example 2: Unsafe Food Product

  A customer buys a pre-packaged sandwich from a grocery store. While eating it, they bite down on a piece of metal, chipping a tooth. An ordinary consumer reasonably expects a pre-packaged food item to be free from foreign, inedible, and harmful objects. The presence of metal in the sandwich violates this fundamental expectation of safety and quality, making the product potentially defective under the consumer-expectation test.

• Example 3: Children's Toy Hazard

  A parent buys a new toy for their toddler, designed for children aged 1-3 years. Within a day of gentle play, a small, decorative piece breaks off the toy, creating a choking hazard. An ordinary parent, as a consumer, would reasonably expect a toy marketed for toddlers to be durable enough to withstand typical play and not to easily break into small, dangerous parts. The toy's failure to meet this safety expectation, especially for its intended young users, would be a strong indicator of a defect under the consumer-expectation test.