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It could take months to determine whether the crash on Saturday was caused by a design defect, a manufacturing flaw or human error.
Lawyers for Bridgestone/Firestone, a unit of the Bridgestone Corporation of Japan, countered that the evidence at the trial showed that the tread separation was caused not by a design defect, but from damage sustained about 2,000 miles earlier.
Mr. Horan and his lawyer, Alfred D. Dimiero, said the accident was caused by a design defect that allowed a live wire in the back of the refrigerator-size switching device to pass through a gap in the device and bring it into contact with another wire.
However, even though the government went to farcical lengths to prevent this, the law also contains a small clause that allows the public-sector company a "right of recourse," which it can use to reclaim some of this money from the supplier if the accident was caused by a design defect.
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The company insisted then, as it does now, that the problem was confined to that plant, but company documents obtained by regulators in 1978 showed that Firestone knew of a design defect affecting tires from other factories as well.
However, if plaintiffs are claiming that defendant is liable under a design defect theory, their argument is factually unsupported by the evidence.
Apple is currently fending off a lawsuit brought by owners of the current iPhone 6 and 6 Plus who claim a design defect is causing the phones' touch screens to become unresponsive and making them unusable.
"The question is going to be whether it is a design defect, a manufacturing defect or an installation defect," Mr. Montroy said.
The manufacturer is not liable under a design defect theory.
The tire maker, based in Nashville, said a design defect involving the steering made many Explorers unsafe.
This paper proposes a design defect management framework based on design activities that assess and identify design defects.
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