Sentences with phrase «design defect»
A "design defect" refers to a problem or flaw in the way something is designed, such as a product or system. It means that the design has a mistake or deficiency, which may cause issues in its function, safety, or effectiveness. Full definition
Many of these injuries are caused or contributed to by design defects in the automobiles and a failure of the manufacturer to provide a crash - worthy vehicle.
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Products may be dangerous because of design defects, manufacturing defects, incomplete or incorrect instructions, failure to provide danger warnings, or failure to honor warranties.
In design defect cases, there are two different tests a court is likely to use in connection with a plaintiff's claim.
Liability for an alleged design defect is often determined using a risk - utility test, 36 the standards of which vary in different states.
A product liability design defect occurs when even if the product is assembled exactly to specifications it will be dangerous due to its design.
Honestly, having good formal design quality control processes may prevent design defects from counting as negligent even when they do happen.
During our investigation, we found that manufacturing and design defects caused this crash.
In a high performance building, small design defects can make a big difference to performance, he says.
We handle lien perfection and lien resolution matters, construction and design defect matters, and professional liability claims involving architects and engineers.
Design defects often exist because companies use inadequate or unsafe materials or fail to properly calculate important measurements.
It is ironic then, that a product liability suit over design defect may not allow any such room.
Also design defects can be covered to various levels.
Examples of design defects can include inaccurate measurements, calling for improper materials, or failing to include a safety feature.
Design defects occur when a product's design is inherently dangerous and that product does not perform as expected.
The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence.
«Drugmakers May Face Liability For Design Defects in Pa..
Defended international manufacturer of steel fabricating system in federal court for multi-million dollar property damage claim arising out of massive molten steel spill and involving design defect claims.
1994)(«Liability for defective design could not be premised on strict liability, but would require proof of negligence»); Lake - Allen v. Johnson & Johnson L.P., 2009 WL 2252198, at * 2 - 3 (D. Utah July 27, 2009)(refusing to dismiss negligent design defect claim, finding comment k «limited to strict liability»).
Member of trial team involving multiple pharmaceutical product liability claims for multinational, Fortune 50 pharmaceutical company in various venues throughout Texas and the United States; Trial co-counsel involving alleged marketing and design defect allegations in multiple trials lasting several weeks to several months.
Represented waterproofing contractor in arbitration concerning construction and design defects at the construction of the Atlantic Station project in Atlanta, Georgia with claimed damages exceeding $ 100 million.
Here is an article that asks «should cyber-security vulnerabilities really be treated the same as design defects under traditional products liability law?»
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.
Accidents resulting from improper layout of parking lots, intersections, and other design defects; and
«Moreover, can we rationally design a defect that has the properties we want, not just stumble into one?»
In an opinion joined by five of his colleagues, Antonin Scalia carefully parsed the language of the 1986 act, which didn't mention the specific type of problem the girl's family had raised: a so - called design defect.
A group of Jeep Grand Cherokee owners has filed a class - action lawsuit against Jeep parent company Fiat Chrysler Automobiles alleging it concealed a shifter design defect.
Manufacturing defects relate to an error in the process of making a certain item, while design defects are based on an inherent problem with the blueprint of the item.
Prior to joining Lewis Wagner, Molly represented individuals, businesses, and state agencies in a variety of areas, including wrongful death, construction design defect, automobile negligence, property damage and defamation claims.
Mr. McShane led a discovery team which developed strong evidence that the design / build engineers had learned of critical design defects, prior to construction, and had purposely withheld the adverse information from the bank in order to preserve its role in the financing.
• Fatigue • Distractions such as texting, eating, daydreaming or talking • Intoxication • Drugs • Heart attack or stroke • Equipment failure • Tire blowouts • Excessive speed • Secondary collision • Roadway design defect
In Texas, manufacturers are not liable for design defects unless there is a safer alternative design and the defect makes the product unreasonably dangerous such that its risks outweigh its usefulness.
-- 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.
A product can become dangerous in several ways: through design defect, manufacturing defect or mislabeling or false advertising by the product marketer.
Maine design defect cases are different from manufacturing defect cases because they reflect some principles common to negligence cases.
Some are caused by design defects, others by production defects or substandard materials.
Prior to this decision, similar to the case discussed above, New Mexico design defect cases were only allowed to be commenced under negligence and express warranty theories.
At George Sink, P.A. Injury Lawyers, we fight for those who were harmed due to road defects, car design defects, car accidents caused by others, and more — and without regard to the education or income level of those who are harmed.
The case may also involve the truck company's compliance with federal safety and maintenance regulations, the employer's training and / or supervision of its drivers and even potential manufacturing or design defects inherent to the pickup truck itself.
However, it did not offer a conclusion on whether consumers can file design defect cases against the makers of generic drugs.)
Manufacturing and design defects stem from a flaw in the making of the product or the product design respectively.
Design defects predate manufacture and are the most common cause of product recalls.
The vehicle manufacturer paid the settlement on grounds that the car had multiple design defects and therefore was not crashworthy.
We have litigated design defect cases, defective manufacturing cases, and failure to warn cases.
Owners of iPhone 6 and iPhone 6 Plus units afflicted by the alleged design defect dubbed «Touch IC Disease» won't get much aid from the Genius Bar, but a U.S. law firm is looking to help users take Apple to court.
Representation of Fortune 500 insurer in $ 28 million dispute in federal court, Middle District of Florida, involving design defect claims, where matter was settled for less than 15 percent of initial demand after motion for summary judgment was filed.
In a 2007 lawsuit in a Pennsylvania state court, Corson and his wife asserted causes of action for design defects and failure to warn against fifty - nine defendants who manufactured or supplied equipment used by the railroad.