> Still, despite a clear design defect and recognition by regulator agencies, no litigation is likely to occur.
I'm inclined to think it shouldn't. Cars are highly regulated. There are a great many very specific standards cars have to meet to be legal to sell for road use in most countries. There's stuff we all know about like crash testing for occupants, and more recently for pedestrians, but there's also weird stuff like cars not being allowed to have required lighting on movable bodywork in the US market[0].
I'd set a much higher bar for defective product claims when the design of the product is already subject to a great deal of specific regulation. Courts do not have expertise in car design and are probably worse at specifying design standards for cars than regulatory agencies staffed with experts and dedicated to that task. As you mention, there's a regulatory solution to the problem you're describing already in use in some countries.
[0] Exceptions to that one are occasionally granted on a case by case basis
I'm inclined to think it shouldn't. Cars are highly regulated. There are a great many very specific standards cars have to meet to be legal to sell for road use in most countries. There's stuff we all know about like crash testing for occupants, and more recently for pedestrians, but there's also weird stuff like cars not being allowed to have required lighting on movable bodywork in the US market[0].
I'd set a much higher bar for defective product claims when the design of the product is already subject to a great deal of specific regulation. Courts do not have expertise in car design and are probably worse at specifying design standards for cars than regulatory agencies staffed with experts and dedicated to that task. As you mention, there's a regulatory solution to the problem you're describing already in use in some countries.
[0] Exceptions to that one are occasionally granted on a case by case basis