Honestly, having good formal design quality control processes may prevent
design defects from counting as negligent even when they do happen.
Not exact matches
In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials for GED - 0301 suffered
from fatal
design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDA.
West
defected from Nike (nke) to Adidas (addyy) a few years back, and
designs the Yeezy range for the German brand.
While the Sponsor believes it has developed a proprietary Security System reasonably
designed to safeguard, to the extent possible, the Trust's Bitcoins
from theft, loss, destruction or other issues relating to hackers and technological attack, the Security System is not impenetrable and may not be free
from defect, and any loss due to a security breach or software
defect will be borne by the Trust, absent gross negligence, willful misconduct or fraud on the part of the Sponsor, the Trustee or their agents.
For low signal intensities, the electronic circuit was
designed to support a trivial topology, and therefore provide no protection
from defects.
Vanko believes that Stark's long - dead father stole the
design for the power generator that provides Iron Man's juice
from Vanko's father, after the senior Vanko after he
defected to the U.S.
The five - passenger's
design was overseen by Peter Schreyer, while ride and handling were developed by Albert Biermann, who
defected from BMW's M division.
But it also shows that the
design of bars of soap suffers
from an inherent
defect.
Injury resulting
from faulty product
design / manufacture, misleading advertisement, poor or inadequate instructions / warnings, or other
defects related to a product, needs immediate legal attention.
Injuries resulting
from faulty product
designs, faulty manufacturing, misleading advertising, poor or inadequate instructions / warnings, or other
defects related to a product, require consumers to seek immediate legal attention to allow for investigation and preservation of evidence.
Product
defects can come about
from design, manufacturing or product marketing.
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.
Manufacturing
defects,
design defects and failure to warn consumers of the harmful effects
from products continue to fuel product liability claims and have made this case type a growing area of litigation.
Defended a major U.S. - based automobile manufacturer in claims of property damage arising
from vehicle and structural fires, and against insurance subrogation actions alleging
design, manufacturing, and warning
defects
An automotive product
defect can stem
from a variety of problems, including errors made during the manufacturing process,
design flaws, or insufficient warnings or directions.
Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging
from negligent misrepresentation and
design defects, to breach of implied warranty.
Many
defects that cause injury stem
from faulty
design or faulty manufacturing of the product.
Manufacturing
Defects — A manufacturing
defect is one that occurs during the process of making the product and results in the product deviating
from the way it was
designed in a way that's dangerous to users or consumers.
Lyons has handled a wide array of complex products liability cases ranging
from automotive
design and manufacturing
defect claims to complex aviation cases involving airplane and helicopter disasters.
In general terms, product manufacturing laws state that manufacturers and suppliers can be held responsible for any injuries that result
from defects in the
design, manufacture, or marketing.
Tire failure may result
from faulty treat, manufacturing or
design defects or inadequate maintenance, storage or repair.
Maine
design defect cases are different
from manufacturing
defect cases because they reflect some principles common to negligence cases.
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.
A product can have a manufacturing
defect when it differs
from the
design or differs
from other typical units produced in the same product line.
Your product liability injury may result
from a
design defect, a manufacturing flaw, or false marketing.
Defending claims against hospitals arising
from defects in
design, manufacture and maintenance of equipment and medical devices, including imaging systems, defibrillators, endoscopy equipment, surgical instrumentation and fixation devices.
Products liability law deals with injuries resulting
from use of a product that is unsafe due to its
design, the manner in which it was manufactured (a manufacturing
defect), and / or the manner in which it was sold, marketed and / or furnished to the injured party.
These wobble accidents are an issue of
design defects, rather than driver error, and you could receive compensation
from the manufacturer or a mechanic.
Often workplace accidents result
from defects in the manufacturing,
design, or maintenance of equipment.
Injuries resulting
from the malfunction of a firearm or ammunition due to a
defect in
design or manufacture.
Planes don't just fall
from the sky; accidents are often the result of equipment malfunctions,
design defects, faulty repair or maintenance, pilot errors or air traffic control negligence.
If you are able to prove a
design defect or negligence, you may be able to recover damages
from the responsible party or parties.
In the last month, we've seen two more appellate decisions definitively rejecting the idea of some sort of separate cause of action — apart
from warning or
design defect — for «failure to test,» whatever that might be.
As you can see, a
design defect case can be difficult to prosecute and normally requires expert testimony
from engineers or other
design defects.
It would most likely be up to a jury to consider whether modern day football helmet has any
design defects and, in weighing that question, a Massachusetts jury would be asked to weigh several factors: - the gravity of the danger posed by the current football helmet
design - the likelihood that head injury will result
from the use of the helmet - the technical feasibility of a safer alternative
design - the financial feasibility of that alternative
design, and - any other consequences likely to result
from the alternative
design However, even if a jury were to conclude that there exists a cost - effective
design that would be more effective in preventing head injuries than the current football helmet
design, the manufacturer might still have a few defenses under Massachusetts law: the so - called Vassallo defense and Correia defense.
Sometimes, failures result
from a
design or manufacturing
defect.
This insurance is
designed to protect the buyer
from defects in the home.
Huawei Device USA Inc., («Huawei») represents and warrants to the original purchaser («Purchaser») that Huawei's phones and accessories («Product») are free
from material
defects, including improper or inferior workmanship, materials, and
design, during the designated warranty period, and subject to the following terms and conditions, when used normally and in accordance with all operating instructions:
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.
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.