For example, a plaintiff might plead negligent failure to warn or strict liability for defective design.
Article on Tobacco Control website on the "defective design" of cigarette filters ("Essentially, this journal offers a one-stop shopping guide for anti-smoking literature and other resources."
A widow whose husband died while driving drunk can sue the maker of his car for defective design, the state Court of Appeals ruled yesterday.
The dome is still in place, but its maintenance is difficult and costly because of the defective design.
The suit accuses the companies of defective design, negligence and indiscriminate sale and distribution of their products.
Williamson's family filed suit against Mazda Motor of America in California state court, claiming a defective design leading to a wrongful death.
That court permitted a lawsuit contending that a pacemaker that suddenly failed, necessitating emergency surgery, had a defective design.
When a folded-unipole replaces an antenna of defective or otherwise compromised design, there will be an improvement in performance.
"The F.D.A. cannot say, 'Oh, we had a defective design,' and sponsor a federal recall," Kimbrell says.
In practice this will mean identifying a breakdown in the production process, failure to give adequate instructions for use or a defective design.