Notes and Comments

1.Why,as a practical matter,would it be necessary to distinguish a defect by manufacture from that by design? What does a plaintiff have to do for proving a manufacturing defect,and what,for design defect?

2.Suppose,Company X makes a knife – a very sharp one – for chopping meat which works precisely perfectly for that purpose;but a plaintiff,after purchasing the knife and using it on one occasion,cut and wounded his fingers badly.Can he bring an action in tort on product design defect claim for “unduly and unreasonably dangerous” product without adequate warning?

3.A product may be perfectly fine for each and every single characteristic feature for various purposes,but one,or some,of the features may become so perversive when working effectively with another feature to constitute a serious design problem.Can you think of such a case?(https://www.daowen.com)

[1]Thomas v.Winchester,6 N.Y.397 (1853),a leading case that established “imminent danger to human life” doctrine.(Note by editor)