Which test is applied in some jurisdictions to evaluate whether a design defect exists?

The consumer-expectation test is used in some jurisdictions to evaluate whether a design defect exists by determining if the product fails to perform as an ordinary consumer would expect. This standard shifts the focus from technical specifications or industry standards to the perceptions and expectations of the average user. Essentially, if a product is shown to be unreasonably dangerous or not fit for its intended purpose in the eyes of the consumer, it could be considered defectively designed.

In practical terms, this test looks at how the product behaves from the perspective of the typical consumer who uses it. If a product acts in a way that an ordinary user would find unforeseen or dangerous, then a design defect may be established based on the consumer's expectations.

While other tests exist for evaluating design defects—such as the risk-utility test, which balances the product's risks against its utility—the consumer-expectation test is specifically focused on user perception, making it a straightforward gauge in product liability cases.