Legal Definitions - consumer expectations test

The consumer expectations test is a legal standard used in product liability cases to determine if a product has a design defect. This test holds a product seller responsible if their product is found to be in a defective state that makes it unreasonably dangerous for the average consumer. Essentially, it allows a jury to conclude that a product is defective if it fails to perform as an ordinary consumer would reasonably expect it to, especially under conditions where the consumer has clear and definite expectations about its safety and function.

This standard is particularly useful when it's difficult to pinpoint a specific manufacturing flaw, but the product's failure clearly falls short of what a typical user would anticipate. However, it is generally not applied to highly complex technical defects that require specialized scientific or engineering knowledge to understand, as average consumers would not have definite expectations about such intricate components or circumstances.

Here are some examples illustrating the consumer expectations test:

• Example 1: A Collapsing Chair

  Imagine a consumer purchases a new dining chair from a furniture store. While sitting on it for the first time, the chair suddenly collapses, causing the consumer to fall and sustain an injury. An average consumer has a very clear and definite expectation that a dining chair, when used for its intended purpose (sitting), will be stable and support the weight of an adult without breaking. The chair's failure to meet this fundamental expectation would allow a jury to infer a design defect under the consumer expectations test, even if the exact structural flaw is not immediately apparent.

• Example 2: Contaminated Packaged Food

  A person buys a sealed bag of pre-washed salad mix from a grocery store. Upon opening the bag at home, they discover a sharp piece of plastic embedded within the greens. Consumers have a strong and reasonable expectation that commercially packaged and sealed food products will be safe to eat and free from dangerous foreign objects. The presence of a hazardous contaminant like plastic clearly violates this basic expectation of food safety, making the product defective under the consumer expectations test.

• Example 3: A Malfunctioning Hair Dryer

  A consumer uses a new hair dryer for the first time. After only a few minutes of normal operation, the hair dryer begins to emit sparks and smoke, eventually catching fire. An ordinary consumer expects a common household appliance like a hair dryer to function safely without overheating to the point of ignition, especially during its initial use and when operated according to instructions. The product's failure to meet this basic safety expectation would allow a jury to conclude it was defective, as no complex technical understanding is required to recognize that a hair dryer should not spontaneously combust.