March 4, 2026
Court of Appeal, Sixth Appellate District
The Rule of Harcourt v. Tesla, Inc. is that the consumer expectations test for product defect claims is inapplicable when the incident involves product misuse by a child in circumstances where ordinary consumers have no commonly accepted minimum safety assumptions about how the product should perform, under circumstances involving a two-and-a-half-year-old child accessing and operating a vehicle after the key fob was left inside and doors were left open.