Sentences with phrase «by defective design»

The trial judge accepted the expert evidence of the contractor that the over-deflection, cracking of the slabs and bending of the rebar was not caused by defective design.

Not exact matches

Designed to improve manufacturing efficiency and product quality, the company's machines help ensure customer safety by quickly identifying defective products for removal from the production line.

In 2006, the firm settled with Attorney General Eliot Spitzer to fix water damage and structural defects in a Harlem building, and three years later BFC was in court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective design.

This public awareness campaign by Erie County Clerk Jacobs and Sheriff Howard is designed to educate the driving public that a free program at the Erie County Auto Bureau is available to replace the defective license plates and to encourage vehicle owners to get new plates as soon as possible to avoid unnecessary law enforcement encounters.

AVXS ‐ 101 is designed to address the monogenetic root cause of SMA and prevent further muscle degeneration by addressing the defective and / or loss of the primary SMN gene.

The practice of forcing students to stay in the testing room, despite having been opted out of the SBAC program by their parents, is an ugly strategy to embarrass, humiliate and ostracize children who are inappropriately being required to sit in the testing room for hours while their peers are taking the defective and high - stakes SBAC tests that are designed to unfairly fail a significant number of the state's children.

There are two kinds of wheel bearing designs: 1) the bearings can be serviced by taking them apart, cleaning them, and re-packing them with fresh grease, or 2) the wheel bearing is of a «sealed» design that requires no service other than replacement when found to be defective.

The recall is being demanded by The Center for Auto Safety, stating that a defective fuel tank design can cause the gas tank to rupture in the event of a rear - end collision.

The Amazon Kindle is defective by design.

=== «I imagine you did not know about the 1 - star review for Amazon Kindle campaign by «Defective by Design Org» to protest DRM and anything else Amazon is doing wrong — the idea was to give 1 - star reviews to the Kindle and explain to prospective customers why they should not buy a Kindle.

Defective by Design, an anti-digital rights management (DRM) initiative founded by the Free Software Foundation in 2006, has launched a petition drive aimed at persuading Amazon to remove digital rights restrictions from the books that Kindle owners purchase and download from the Kindle Store.

In face of that situation I see no justification for deliberately distorting SAW and AGW by unnecessarily using a known defective process when it can be done correctly with a perfectly good, well - designed filter.

To back up that defective machine, they use data sent by a 28 - year - old satellite, Landsat 5, which was designed to last three years.

They call it defective by design - «Beneath the gloss they have hidden traps that take away important consumer rights, force expensive and environmentally damaging hardware upgrades.»

A product can be defective under several grounds but defect in design can often be brought up by a Pennsylvania personal injury attorney.

Lindsay X-LITE Guardrail Litigation: Mr. Leopold represents the families of Hannah Eimers, Lauren Beuttel, Jacob Davison, and Wilbert Byrd, who were killed by defective Lindsay X-LITE guardrails, against the Lindsay Corporation and several related entities for designing, manufacturing, and selling defective, dangerous guardrails for use on public roadways.

To bring a car accident wrongful death claim successfully to court, you must prove that the accident was caused by a negligent driver or, in some cases, a defective automobile design or part.

If you've been hurt by a poorly designed or manufacturer product and you need an experienced defective product lawyer, please contact The Cochran Firm today for a free, no - obligation initial consultation.

He has successfully handled cases involving brain injury, plane crashes, stock fraud, truck wrecks, deadly exposure to negligently manufactured drugs, intoxicated or drug impaired drivers who injure innocent citizens, negligent road construction and maintenance, negligent design or manufacture of machines, explosions and home fires, violation of DOT regulations regarding 18 wheelers, severe burns and scars, negligent installation of hot water heaters, wrongful denial of claims by insurance companies, sale of alcohol to minors by convenience stores, defective residential or commercial construction, heart attacks at work from overexertion, defective airbags, wrecks caused by trucks that exceeded size and weight limits, nursing home abuse, product liability, unrelenting pain from on - the - job injuries, and numerous other cases where the injuries were so severe that the person died or became totally disabled.

Should a device be proved defective, whether by accident or design, the party may report this to the local trading standards for prosecution.

Common causes are traffic accidents, careless mistakes made during routine medical procedures, dog attacks, slip and fall accidents caused by unsafe property conditions, defective or poorly designed products, and many other types of causes that may surprise you.

For example, suppose that the product has two kinds of defectively manufactured components manufactured by companies with two different home states in the U.S. (e.g. an electronic device charging bay and a battery) that are assembled by the customer after they are delivered independently, which, when acting together, cause the assembled product to be dangerous and cause injury even though the design itself is not defective.

Obtained dismissal of a multimillion - dollar subrogation claim against an architect for the defective design of a high school roof brought by the insurance carrier for the school district.

The suit's allegations include fraud by concealment, negligence, intentional misrepresentation and defective design.

The British Columbia Court of Appeal recently confirmed in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co. [1] that a Workmanship / Design Exclusion does not exclude the costs to remedy damage caused by defective workmanship.

on B.C. Court Of Appeal Finds Costs To Remedy Damage Caused By Defective Workmanship Is Not Excluded By Workmanship / Design Exclusion

In general, vehicles can be defective if they are unreasonably dangerous by design or defectively manufactured.

-- Consumers in Arizona are protected against dangerous and defective products by state and federal laws, but manufacturing and design defects contribute to numerous injuries each year.

Accidents can also be caused by negligent designed or defective design of boating or water equipment.

We handle complex and serious auto accident lawsuits which involve insurance disputes regarding coverage or product liability lawsuits involving defective product design by the auto manufacturer.

If another party is at fault, whether that party is another driver, a passenger in your car, or when the accident was caused by a defective car part, system or design, then that party should be held responsible for your pain and suffering.

At Moffitt & Phillips, PLLC, we represent people who have been injured or killed by defective products or unsafe products that have design defects (intended design is unreasonably dangerous), manufacturing defects (product does not conform to the designer's or manufacturer's specifications), or marketing defects (improper or misleading labels, insufficient instructions, or failure to warn about a product's hidden dangers.)

Represented the Republic of the Philippines in an ICC arbitration seated in Switzerland to recover over $ 500 million in damages for the defective design and construction of a nuclear power plant by a U.S. corporation.

In addition, a defective design may cause a person to become hurt by a product despite that it was made according to a manufacturer's specifications.

When people are injured in bike accidents that were caused at least in part by someone else's negligence, or by the use of a defective product (such as defectively manufactured or designed bicycles or helmets), they can seek compensation for their medical bills, their pain and suffering, any lost wages, related property damage, and more.

According to statistics released by USA Today, since 1964, almost 45,000 people in the U.S. have died in small plane and helicopter crashes, and unfortunately, many of these tragedies can be traced to defective parts, dangerous designs and pilot error.

If you believe that you have been injured by a product because of defective design or an unsafe condition, we would urge you to keep the product in your possession if possible.

The majority of the settlement was paid by the car manufacturer and was based on the defective design of the seat belt mechanism.

Negligence, or the failure to exercise reasonable care, can occur in the production, design or assembly stage of the product, and therefore can make the manufacturer liable for any injuries that are caused by a faulty or defective product.

We are regularly instructed by contractors and employers on a wide range of construction - related disputes, particularly those involving delay, extensions of time, loss and / or expense (including prolongation and disruption costs), variations, suspension and termination, defective design and payment.

If you have been injured by a defective product, you have the ability to hold a manufacturer responsible and perhaps even force a design or manufacturing change.

There are other aspects to consider such as an imperfect brief provided by clients or their project team, inadequate design, poor installation, defective testing & commissioning, the absence of appropriate operation & maintenance documentation, poor maintenance or even a lack of maintenance post-contract!