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The design defect is a defect in design whether originally designed that way or later changed to be that way. If the gun had been changed/modified by someone later in the chain of supply, that person would be on the hook. If the local Wal-Mart had no reason to know of the design flaw (e.g. our "rogue gun modifier") they may be on the hook (vis-a-vis the consumer) but could seek complete recovery from the responsible party.
If there was no design defect, the case likely would not have survived long. Many are currently being brought and failing for this very reason.
Note that the fact a gun is designed to shoot people is NOT a "design defect." It is exactly what the gun is designed to do, and the consumer is completely aware of it.
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