San Diego Product Liability Lawyer Straight Talk: What is a Consumer Expectation Design Defect? (Part 2) San Diego Product Liability Attorney - Research Your Product Liability Case (619) 234-2833 - - San Diego Product Liability Lawyer, San Diego Product Liability Attorney, San Diego Products Liability Lawyer, San Diego Products Liability Attorney, Lawyer Product Liability San Diego, Attorney Product Liability San Diego, Product Liability Lawyer San Diego, Product Liability Attorney San Diego

What is a Consumer Expectation Design Defect? (Part 2)


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San Diego Product Liability Lawyer Straight Talk:

What is a Consumer Expectation Design Defect?



Part 2 of a 2 Part Article. Click Here for Part 1.


3. That the product did not perform as safely as an ordinary consumer would have expected at the time of use.

4. That the product was used, or misused, in a way that was reasonably foreseeable to the defendant.

5. They were harmed; and

6. That the product's failure to perform safely was a substantial factor in causing them harm.

Under California law, the consumer expectation test is reserved for cases in which the everyday experience of the product's users permits a conclusion that the product's design violated minimum safety assumptions, and is thus defective regardless of expert opinion about the merits of the design.

In determining whether a product's safety satisfies the consumer expectation test, the jury considers the expectations of a hypothetical reasonable consumer, rather than those of the particular plaintiff in the case.

State-of-the-art evidence is not relevant when the plaintiff relies on a consumer expectation theory of design defect.


Disclaimer:

This article is not legal advice. This article is simplistic in order to achieve clarity. The circumstances of your case may vary from those described herein. The foregoing legal discussion is based upon California Product Liability Law. If you are a seriously injured by a product you should consult with a product liability lawyer. Finally, whenever you bring a court claim for money damages your credibility is always at issue. Always tell the truth. If the jury believes you are not being straight with them - you will lose. Be sure to hire an honest trial lawyer.




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