In California products liability law, a product may be defective even if it was carefully manufactured. CACI No. 1203 explains how juries evaluate design defects using the consumer expectation test—one of the primary strict liability standards applied in defective product cases.
This instruction focuses on how an ordinary consumer would reasonably expect a product to perform.
What Is CACI No. 1203?
CACI No. 1203 applies when a plaintiff claims that a product’s design was unsafe because it failed to perform as safely as an ordinary consumer would expect when used—or even misused—in a reasonably foreseeable way.
Unlike negligence-based claims, this instruction does not require proof of careless conduct. The focus is entirely on the product’s performance.
Full Text of CACI No. 1203
CACI No. 1203. Strict Liability – Design Defect – Consumer Expectation Test – Essential Factual Elements
[Name of plaintiff] claims the [product]’s design was defective because the [product] did not perform as safely as an ordinary consumer would have expected it to perform. To establish this claim, [name of plaintiff] must prove all of the following:
- That [name of defendant] [manufactured/distributed/sold] the [product];
- That the [product] did not perform as safely as an ordinary consumer would have expected it to perform when used or misused in an intended or reasonably foreseeable way;
- That [name of plaintiff] was harmed; and
- That the [product]’s failure to perform safely was a substantial factor in causing [name of plaintiff]’s harm.
New September 2003; Revised December 2005, April 2009, December 2009, June 2011, January 2018, May 2020
The Consumer Expectation Test Explained
California courts recognize the consumer expectation test as a core strict liability theory, rooted in the state’s broader products liability doctrine established by Greenman v. Yuba Power Products. The test reflects a straightforward principle: products should perform as safely as ordinary consumers reasonably expect.
When applying CACI No. 1203, jurors focus on a simple question:
Did the product perform as safely as an ordinary consumer would expect when used or misused in a reasonably foreseeable way?
In answering that question, juries consider:
- How the product is commonly used by consumers
- Whether the use or misuse was reasonably foreseeable
- Whether the product’s behavior would surprise or alarm an ordinary user
When consumer expectations are clear and intuitive, technical risk–benefit analysis is often unnecessary, and liability may be established based on the product’s failure to meet ordinary safety expectations alone.
Illustrative Example
If a household blender unexpectedly ejects its blade during normal operation, a jury may conclude that the product failed to perform as safely as an ordinary consumer would expect—supporting liability under CACI 1203.
Practical Considerations in Design Defect Cases
Consumer expectation cases often rely on:
- Demonstrative evidence showing how the product behaves
- Testimony from ordinary users—not just experts
- Evidence of prior similar incidents or complaints
- Warnings or instructions that fail to address obvious dangers
These cases resonate strongly when the danger is obvious and intuitive.
Speak With a Product Liability Lawyer
If a product failed to perform safely in a way no ordinary consumer would expect, you may have a strict liability design defect claim. WIN Injury & Accident Trial Lawyers can evaluate your case under CACI No. 1203 and explain your legal options.
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