shmokes, shmokes, shmokes ...
I don't think that anybody is arguing that there isn't a design flaw with the phone. If it could be really fixed with an OS upgrade, then it likely would have been.
The manufacturer's defect explains perhaps the first 3 or so times (for me, it would have been 1) that you have dialed 911 by mistake.
Every time after that, however, is pretty much due to you being a dumbass and/or having no regard for the fact that you *are* dialing 911 and consuming services best used for emergencies.
Perhaps, because the issue can be traced to a poor design, you feel that absolves you of responsibility. The fact that it inconveniences you to either use a sleeve (I never said that Mrs. Cheffo keeps her phone in her purse, did I?) or to put the phone in standby does not mean, to my mind, that you should willfully continue to do things that you *know* will have a particular outcome.
At what point in time does
shmokes assume responsibility for what
shmokes *knows* is going to happen when
shmokes does certain things ?
To put it in terms that a lawyer might relate better to ... coffee is hot and cars move -- if you spill coffee on yourself while driving maybe you shouldn't be so quick to just blame McDonald's.

We can deal with the analogies another time ... they were a response to your "iPhone/how retarded is that" analogy ... and just about as relevant!