Legal Definitions - consumer-user-contemplation test

The consumer-user-contemplation test is a standard used in product liability lawsuits to determine if a product's design is defective. This test focuses on the reasonable expectations of an ordinary consumer or user. It asks whether the product's design was more dangerous than an ordinary consumer would reasonably expect when using the product in an intended or foreseeable manner. If a product's design creates a risk that is not obvious or commonly appreciated by the average person, it might be considered defective under this test.

Here are some examples illustrating the consumer-user-contemplation test:

• Example 1: Household Appliance

  Imagine a new model of a coffee maker that, during normal operation, unexpectedly sprays scalding hot water from the brew basket if the carafe is removed too quickly. An ordinary consumer would reasonably expect that a coffee maker, even if the carafe is removed before brewing is complete, would not eject dangerously hot liquid in a way that could cause burns. If a user is scalded because of this unexpected spray, a court applying the consumer-user-contemplation test would assess whether the coffee maker's design was unreasonably dangerous because it exceeded the ordinary consumer's expectation of safety during a foreseeable use.

• Example 2: Recreational Equipment

  Consider a new design for a backyard trampoline that, due to a specific spring configuration, creates an unusually large and unpredictable recoil effect when a user jumps near the edge, causing them to be thrown off balance and fall. While trampolines inherently carry some risk, an ordinary user would reasonably expect that a trampoline's design would provide a relatively consistent and predictable bounce across its surface, especially near the edges, and not create an unexpected, forceful ejection risk. If a user is injured due to this unexpected recoil, the consumer-user-contemplation test would examine whether the trampoline's design was more dangerous than an ordinary user would contemplate.

• Example 3: Food Product

  A consumer purchases a bag of pre-shelled walnuts. While eating them, they bite down on a surprisingly large, hard piece of walnut shell that was not visible and was unexpectedly present, resulting in a chipped tooth. An ordinary consumer purchasing "pre-shelled" nuts would reasonably expect that the product would be free of such hard, potentially damaging shell fragments, or at least that any remaining fragments would be small and easily detectable. The consumer-user-contemplation test would evaluate whether the presence of the large shell fragment made the product more dangerous than an ordinary consumer would expect, given the product's description and the general expectation of food safety.