Sentence examples for design defect from inspiring English sources
The manufacturer is not liable under a design defect theory.
And such alterations defeat a claim of design defect.
Also, the ship should never have sunk; she did so because of a substantial design defect.
But personal injury lawyers contend that some design defect -- they are not sure quite what -- must be responsible.
The tire maker, based in Nashville, said a design defect involving the steering made many Explorers unsafe.
"BMW's casual treatment of this serious safety-related design defect is unacceptable," he wrote.
Justice Scalia acknowledged that "Congress could have more tersely and more clearly pre-empted design-defect claims".
Mutual contends that liability under a design-defect claim still arises out of the violation of a state-created common-law duty.
See Brief for Petitioner at 45. Specifically, Mutual argues that the design-defect claim disrupts Congress's intention to encourage the sale of generic versions of pharmaceuticals.
On appeal, the Third Circuit's ruling affirmed that Congress intended to preempt all design-defect claims in passing Section 22(b)(1) of the NCVIA.
Mutual Pharmaceutical Company, a sulindac manufacturer, now challenges that decision by arguing that federal law regulating generic drugs preempts New Hampshire's design-defect law.
