For a product liability case to result in a financial recovery, the claimant must prove the product’s manufacturing or design was defective, or the product was negligently labeled. There are two widely accepted tests to determine whether a product has a defective design: the consumer expectations test and the risk-benefit test.
The consumer expectations test evaluates whether a product’s design meets the safety expectations of an ordinary consumer. The risk-benefit test evaluates whether the risks posed by a product’s design are outweighed by the benefits of the design. Factors that could influence the risk-benefit test include:
- The likelihood that the design would cause harm;
- The seriousness of the potential harm the design could cause;
- Whether safer alternative designs could have provided the same benefit; and
- Any disadvantages associated with proposed alternative designs.
