The consumer expectation test asks whether a product performed as safely as an

The consumer expectation test asks whether a product

This preview shows page 2 - 3 out of 3 pages.

the consumer expectation test and the risk-benefit analysis.The consumer expectation test asks whether a product performed as safely as an ordinary consumer would expect, and it derives largely from comment i to section 402A.Comment I states that a product must be ‘dangerous to an extent beyond that which would be contemplated by the ordinary consumer’ and provides examples, including whiskey containing fuel oil, and butter contaminated with poisonous fish oil,” the high court said.“The risk-benefit test asks a different question:whether the benefits of a particular design outweigh the risks of harm it presents to consumers.This court first applied the risk-benefit test to assess whether a product’s design was defective in Ortho [Ortho Pharm. Corp. v. Heath, 722 P.2d 410, 414 (Colo. 21 1986)] in which we also listed seven factors that may beconsidered in weighing the risks and benefits of a design.”The high court said it has held before that the risk-benefit test, not the consumer expectation test, “is the proper test to use in assessing whether a product like the car seat
Background image
Image of page 3

You've reached the end of your free preview.

Want to read all 3 pages?

  • Fall '19
  • Supreme Court of the United States, Ford Motor Company, The Colorado Supreme Court

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture