Although I do think that breakage can probably be avoided with certain somewhat extremely careful and specific steps (in most cases) I also totally agree that "user error" is not the issue here. The wheel configuration/housing/joint issue is absolutely a serious design defect. And yes, I do say that as an attorney who used to do at least some product defect litigation. This sucker is defective as all get out.
Hot Toys should be offering a fix to collectors who have this thing, even the ones who don't have breakage yet. The rate of breakage is just way way too high. When you have the car on its back and you are transforming the joint- you can see exactly what the issue is. You can actually SEE the joint bulge where that screw piece scrapes by...
They should have made the joint housing out of metal, not THIN THIN barbie car plastic. It would have added what, $5-10 to production costs? They must have known it was a huge risk, and took it anyway rather than spend a dime more on production cost or more likely- production time... (my guess is that probably the factory could easily and quickly mold and crank out the joint pieces in thin plastic- but a sturdier joint out of thick plastic or metal would have taken 6 months or more).
I wonder how much they knew about this issue. I suspect they did know and figured they would get more sales with the wheels looking more "screen accurate" like collectors were demanding, than they would loose on returns due to breakage. Or maybe they just never tested it, which seems unlikely but is at least possible given how relatively quickly they changed the design on this...
I'll be curious to see (and jealous) if the later production will have this issue fixed or addressed in any way...