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in the first part of the presentation we introduced the concept of product liability for defective design differentiated it from other forms of product liability and looked at the risk utility test for determining whether a design is defective an alternative approach to design defect is called the consumer expectation test under this test a manufacturer may be liable if a product fails to perform as safely as an ordinary customer would expect when used in a reasonably foreseeable manner however in many cases the questions of how a device should function and what design would make it safe are ones that most people are not in a position to answer so the consumer expectation test has been limited to cases in which the design defect is obvious and apparent to most average users sometimes products however are simply unavoidably unsafe these are cases in which the products are unsafe even if used exactly as intended there are no reasonable alternative designs which would make the product sav