Back in March of 2001 a law firm filed a case in Federal Court in D.C. on behalf of those who had been incarcerated in a horrible prison. Gitmo did not exist as a prison at that time, so they chose another one: Auschwitz.

Yes, THAT Auschwitz, the concentration camp operated by the Nazis in WWII. The law firm charged that if the U.S. had bombed the railroad lines leading to Auschwitz leading to the camp the Germans would have not been able to use it to eliminate all the Jewish people interred there. The suit asked for $40 billion.

Now, aside from the simple fact that the U.S. could not have bombed the rail lines leading to Auschwitz, this raises the specter of being sued for not doing something that you could not have done anyway to correct a wrong that was not your fault in the first place.

It appears you can be sued for not having enough Design Margin, even in something you were not involved in.