Can a plaintiff bring a design defect claim against the designer or manufacturer?

As with a design defect claim seeking to hold a designer or manufacturer liable under a strict liability theory, under a negligence theory, the plaintiff must prove a defect caused the injury. Merrill v. Navegar, Inc. , 26 Cal.4th 465, 479, 110 Cal.Rptr.2d 370, 28 P.3d 116 (2001). However, "[u]nder a negligence theory, a plaintiff must also prove an additional element, namely, that the defect in the product was due to negligence of the defendant. " Id. ;

[260 F.Supp.3d 1271]