Sentences with phrase «as design defects»

Here is an article that asks «should cyber-security vulnerabilities really be treated the same as design defects under traditional products liability law?»

Not exact matches

However Cameron's promise came as Chris Grayling, the justice secretary, indicated the Tories would repeal the Human Rights Act if they won the next general election, a pledge designed to win back voters who have defected to Ukip.

After all, the first reactor built at Qinshan back in 1990 — the first reactor ever designed and constructed entirely by the Chinese — had to be torn down and rebuilt because of faults in the foundation as well as defects in the welding of the steel vessel that contained the reactor itself.

The report said: «Early indications are that this remains a construction quality matter as opposed to one relating to a design defect or the operating model employed.»

His firm produced its first IQS in 1987, and in recent years has come under some criticism that it weighs poorly designed interior features such as ACEN systems over defects that potentially can put a new vehicle out of commission.

Awards are given to the top - performing model in each segment with the lowest PP100, as well as for the assembly plant that produces the vehicles with the fewest number of problems (plant awards are based on defects and malfunctions only and not design quality).

A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below), performed for a fee, which is designed to identify defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector.

Thomas Crow, for example, likens fit, which he sees as intuitive, to the dynamics found in self - organizing systems both natural and man - made, ⁶ while Dave Hickey, who defines it as «the problem of formulating complex design problems,» proposes that it is «only recognizable in its defect»: It makes itself apparent only when it doesn't fully succeed.

Jason Pettus is a civil litigation defense attorney with a strong litigation background through the representation of general contractors, subcontractors, owners, and design professionals in the resolution of all manner of construction issues, including construction / design defect claims, environmental claims and contractual disputes, catastrophic injury, premises liability, and motor vehicle accidents in both state and federal courts, as well as insurance coverage analysis, advisement of clients, and coverage litigation.

The manufacturer of a product that contains a defect in the product's manufacture or design or as a result of the manufacturer's or seller's failure to warn of the product's dangers may be held liable in a product liability action for injuries sustained by a child as a result of the child's use of or exposure to the product.

While a number of factors can contribute to the cause of a car accident such as road design, weather conditions, driver skill level, driver impairment (alcohol or drugs), driver behavior, road debris, or a defect in automotive design, by far the majority of car accidents can be traced back to some form of driver negligence.

Automobile defects, such as seat belts, tire defects and unsafe SUV designs causing rollovers and roof crush

Our auto defect attorneys have extensive experience recovering damages for clients who suffered serious injuries or have lost loved ones due to negligently designed or manufactured vehicles and auto component parts, such as:

In a design - defect case, the product may have been manufactured as it was intended to be, but the design was inadequately planned in such a way as to pose unreasonable hazards to consumers.

Such liability can occur, for example, if a product, such as a car that is involved in a vehicle accident, contains a defect in manufacture or design and the defect is found to have been a cause of a fetus's death.

Proving defects can involve information that's very specialized and technical, such as engineering schematics or blueprints, and often means that expert witnesses are needed to testify about how the product should have been designed or manufactured in order to be safe.

Today, attorneys who understand the dangers underlying automotive design defects focus their efforts on crashworthiness cases, also known as «enhanced injury» or «second collision» claims.

There are three (3) major types of products liability claims: manufacturing defect, design defect, and «failure to warn» (also known as marketing defects).

all costs rendered necessary by defects of material workmanship, design, plan, or specification, and should damage occur to any portion of the Insured Property containing any of the said defects the cost of replacement or rectification which is hereby excluded is that cost which would have been incurred if replacement or rectification of the Insured Property had been put in hand immediately prior to the said damage.For the purpose of this policy and not merely this exclusion it is understood and agreed that any portion of the Insured Property shall not be regarded as damaged solely by virtue of the existence of any defect of material workmanship, design, plan or specification.

Honestly, having good formal design quality control processes may prevent design defects from counting as negligent even when they do happen.

If a medical device breaks or fails to operate as intended due to a design defect, manufacturing defect, or marketing defect, it might be grounds for a product liability lawsuit.

If any of these questions are answered affirmatively, the injured party may have grounds for a design defect claim and should contact one of our attorneys as soon as possible.

Design defects occur when a product's design is inherently dangerous and that product does not perform as expDesign defects occur when a product's design is inherently dangerous and that product does not perform as expdesign is inherently dangerous and that product does not perform as expected.

Mr. Hensley's litigation experience is broad in nature, encompassing such diverse practice areas as: real estate issues of almost any nature; construction defect litigation (both plaintiff and defense, representing developers, contractors, managers, subcontractors, and design professionals); federal and state securities class action / derivative defense; partnership / corporate governance issues; UCC / commercial paper / letter of credit issues; intellectual property / trade secret / unfair competition issues; wrongful termination / harassment trials; wage / hour class action defense; contract formation and interpretation issues; bankruptcy adversary proceedings; health care disputes; telecommunications issues; and debtor / creditor financing issues involving both secured and unsecured interests.

We not only work toward proving the facts indicating the truck driver's negligence, but we also consider such possibilities as negligent road design or defects in the components of either vehicle.

Cases can develop from many other situations: slip and falls on a slick surface or ice; defects in roadways such as missing road signs, bad intersections or pavement defects; holes or uneven surfaces in parking lots, sidewalks or floors; unmarked drop - offs, ledges, culverts or holes, dangerous retail layouts or designs, including sharp corners and displays that may cause injury to children.

Served as second - chair trial counsel and secured defense verdict following seven - week jury trial in the California Superior Court for the County of Orange of action for strict and negligent products liability and negligence based on allegations of design defects, manufacturing defects, and warning defects.

A manufacturing defect may exist when a product is not manufactured as designed.

Sunny focuses her practice on the defense of design and construction professionals, both independently and through their insurance carriers, in complex construction defect suits asserting a variety of claims, such as building and design - related deficiencies.

The establishment of a defect in manufacture or design, an injury caused by the defect, and damages sustained as a result of the injury are all that is required to establish the requisite elements of this form of personal - injury cause of action.

Defects in a car or its tires and factors such as negligent roadway design can also cause car accidents.

The court found that although there is a distinction between a manufacturing defect and design defect, New Mexico courts use an «unreasonable - risk - of - injury» test as opposed to comparing the item to a prototype.

The claim of responsibility may arise when a product is defective as a result of design defect, production defect or failure to warn the user about the product.

The Cochran Firm, D.C.'s attorneys are also well versed in product liability laws; if there were any defects in the design or manufacturing of the commercial vehicle you were hurt by, the vehicle's manufacturers may be held liable for your injuries as well.

We will explore whether auto defects, such as poor roof design or inadequate restraint systems contributed to the severity of your injuries.

His practice encompasses a wide variety of construction and litigation matters, including delay claims, claims for changed work, contract disputes, construction lending disputes, construction defect claims, surety bond claims, mechanics» liens and stop notices, public works issues, bid protests, false claims, claims for design professional negligence, products liability claims, international arbitrations, as well as drafting and negotiation of construction and design contracts.

Insofar as future contracting parties or customers wish to trust or empower their builder / contractor with such wide discretionary powers (e.g. for design and / or materials used), it would be imperative to expressly provide for the «style» of building, and to also expressly state that any works which breach building regulations, were functionally flawed, or were a result of poor workmanship, would constitute defects and must be rectified.

Barra's comments were interpreted as a signal that GM would hold itself responsible and provide compensation for the families of those whose deaths were attributed to GM's design defects.

While not requiring the claimant here to prove a specific design or manufacturing defect, the Court did not lack plenty of expert evidence as to the nature of the defect.

Recent instructions include: • Acting as Junior Counsel to Roddy Dunlop QC in a seven figure claim relating to failure by solicitors to obtain a standard security in relation to loan funds advanced by a commercial lender • Acting as Junior Counsel to Alistair Clark QC (as he then was) on behalf of the pursuers, a major commercial lender, in pursuing seven figure negligence claims against solicitors and surveyors relating to their advance of loan funds for the purchase of commercial property • Acting as Junior Counsel to Heriot Currie QC for one of the defenders (a firm of architects) in a seven figure multi-party claim relating to construction and design defects at a major shopping centre • Acting as Junior Counsel to Alastair Duncan QC for one of the defenders in a claim against both solicitors and counsel relating to alleged negligence by family lawyers relating to the preparation of a settlement agreement • Acting as sole counsel for the pursuer in a claim against solicitors for allowing the time bar of her clinical negligence action against a health board

As a driver, if you choose to off - road, for example, and take a turn too hard, resulting in a rollover, a jury may assign a percentage of blame for an accident to you, even if the SUV had a design defect.

Vehicle defects, such as tire blowouts or unsafe SUV designs, could mean that a car manufacturer or other entity is liable in a rollover accident.

As you can see, a design defect case can be difficult to prosecute and normally requires expert testimony from engineers or other design defects.

Design defects: This type of case involves a product that was manufactured as intended but the design concept was unreasonably dangDesign defects: This type of case involves a product that was manufactured as intended but the design concept was unreasonably dangdesign concept was unreasonably dangerous.

For the second set the battery design itself allowed more room for the jelly roll, but a thinner separator still led to poorer protection and reduced tolerance to manufacturing defects as seen with batteries from company A. Without the apparent flaw in the corners, the combination of missing insulation tape, sharp edged protrusions and a thin separator led to a higher probability of short circuit between the cathode tab and the anode, which resulted in the heating and fire.

However, it is important to understand that there are no defects here, as iPhone batteries are designed to only last about two years.

Apple just got another slew of lawsuits heading its way as iPhone 6 and iPhone 6 Plus owners have discovered that a design defect makes the phones» touch screens unresponsive and ultimately unusable.

Information Technology Security Manager — Duties & Responsibilities Manage IT security, customer service technicians, assets and finances, and client training Responsible for ensuring that multiple IT groups meet finance, audit, and compliance requirements Serve as primary point of contact for customer contracts, technical support, and end - user training Utilize interpersonal and technical skills as liaison between clients, technicians, and subcontractors Train large staffs ensuring they understand the brand and adhere to corporate policies and procedures Oversee the implementation of asset management processes and procedures Coordinate activities with desktop leads to ensure SOX compliance Validate asset information, manage defect reports, and submit correct action recommendations Design and implement enterprise - wide security protocols, mainframe / pc policies, & software / hardware packages Collaborate with department managers to identify and address security concerns through IT Security policies Reduce corporate information ricks through implementation of sensitive document control processes Utilize RACF and Windows / LAN measures to greatly improve user, administrator, and application security Establish and oversee regular system security audits for employers and clients Author and present added value reports, optimization reviews, and overall audit presentations Enhance employee productivity and accountability through the implementation of firewall and tracking software Perform all duties with positivity, professionalism, and integrity Consistently recognized and promoted for excellence in team leadership, customer service, and technical skills

A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below), performed for a fee, which is designed to identify defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector.