Simple English definitions for legal terms
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The consumer expectations test is a way to determine if a product is defective and unreasonably dangerous to the consumer. If a product fails to meet the reasonable expectations of consumers, the seller can be held liable. This means that if a product does not perform as an average consumer would expect it to, the seller can be held responsible for any harm caused. However, this test cannot be used for technical or mechanical defects that require specialized knowledge to understand.
The consumer expectations test is a standard used in products liability tort cases to determine if a design defect exists. It holds the seller of a product liable if the product is in a defective condition that is unreasonably dangerous to the consumer. The test allows a jury to infer the existence of a defect if the product fails to meet the reasonable expectations of consumers.
For example, if a car's brakes fail to work properly and cause an accident, the consumer expectations test would ask whether an average consumer of that car would expect the brakes to work under normal driving conditions. If the answer is yes, then the car may be considered defective and the seller may be held liable for any resulting injuries or damages.
However, the consumer expectations test is not appropriate in cases where technical or mechanical defects are alleged that require an understanding of precise behaviors of obscure components of products under complex circumstances of a particular accident.
In summary, the consumer expectations test is a way to determine if a product is defective by asking whether it meets the reasonable expectations of consumers. If it does not, then the seller may be held liable for any resulting harm.
Consumer Credit Counseling Service (CCCS) | Consumer Leasing Act