However, the discussion here is about a design flaw, a know trap which has contributed to a fatal accident.
You keep referring to the design "flaw" like a given thing. Clearly certification agencies have a different opinion. All aircraft/systems are full of "traps" for poorly qualified pilots. When I fly my Cirrus I don't have half of "safety features" that Boeing or Airbus pilot has at his/her disposal and when I screw up I can't say - why didn't you give me all the stuff the Boeing pilots have.