A design-defect claim: Under product-liability law | AIGP
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A design-defect claim: Under product-liability law, which theory most directly fits?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

A flaw inherent in the design and present in every unit is a design defect under product-liability law.

The question

An autonomous-driving feature causes a crash after failing to detect an obstacle its sensors should have recognized, a flaw present in every unit as designed. Plaintiffs sue the manufacturer. Under product-liability law, which theory most directly fits?

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  1. A manufacturing-defect claim, alleging that one specific unit departed from the maker's own intended production design.
    Plausible but wrong: a manufacturing defect affects individual units, not every unit as designed.
  2. A design-defect claim, alleging that the system was unreasonably dangerous as designed across the entire product line.
    Correct: a flaw inherent in the design that affects all units is the definition of a design defect.
  3. A breach-of-warranty claim resting solely on the buyer having misplaced the printed owner's manual before the collision.
    Wrong: losing a manual has no bearing on a warranty or on the system's inherent safety.
  4. A trespass-to-chattels claim, alleging that the software briefly interfered with another driver's use of their own vehicle.
    Wrong: trespass to chattels concerns interference with property, not personal injury from a defective design.
The trap
Confusing a design defect (systemic, all units) with a manufacturing defect (a single deviating unit).

How to remember it

A flaw inherent in the design and present in every unit is a design defect under product-liability law.

How many of these would you get right?

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