Great Expectations : The Role of the Consumer in Determining Defective Airbag Design

This article will examine the application of the "consumer expectation" test in assessing defective airbag design in strict products liability litigation. It will begin with a discussion of the historical development of the airbag occupant safety system in automobiles and the sources of law impacting its design. After a brief commentary on the evolution of products liability law to "crashworthiness" claims, the article will explore the development of the "consumer expectation" standard and compare it to the more traditional "risk-benefit" analysis of ascertaining product defect. The article will then provide an overview of the current state of the law in determining whether the "consumer expectation" test is appropriate in cases alleging there was a defect in the design of an airbag system. The article, moreover, will analyze the practical impact of utilizing a consumer's expectations of a non-consumer product such as an airbag system not only on case strategy and result, but also on the business environment in general. Included in the analysis will be a discussion of how the nature of the product as well as the type of defect claimed impacts which test is selected as the method of recovery. The article will ultimately examine whether consumer expectations should be a viable theory of determining a design defect in an airbag system or any other scientific product. It will further suggest that the legislature should intervene at either the federal or state level to ensure uniformity of decisions and fairness to automobile manufacturers and other parties involved in the litigation process