Legal Definitions - consumer-contemplation test

The consumer-contemplation test is a way to hold a manufacturerresponsible for a product's danger if it is greater than what a reasonable consumer would expect. This test is also known as the consumer-user-contemplation test or the consumer-expectation test. It is different from the risk-utility test.

For example, if a company produces a hair dryer that overheats and catches fire, causing burns to the user, the consumer-contemplation test would ask whether a reasonable consumer would expect a hair dryer to catch fire. If the answer is no, the manufacturer could be held liable for the injuries caused by the product.

Another example could be a toy that breaks easily and creates small parts that can be swallowed by a child. If a reasonable consumer would not expect the toy to break so easily and create a choking hazard, the manufacturer could be held responsible for any harm caused to the child.

These examples illustrate how the consumer-contemplation test is used to determine whether a product is unreasonably dangerous and whether the manufacturer should be held responsible for any harm caused by the product.