Yes, I would say "not a user error". One of the guiding principles of design is empathy. If a human makes an error, it is not their mistake EVER. The fact that most people facepalm at this statement is the very reason why most designs out there lack this factor.
A mistake made by a user is a shortcoming in the design. It could be because of lack of budget or motivation. If a designer fails to consider this as the axiomatic guiding principle, they are not a good designer to begin with.
Most often than not, users blame themselves for nor being savvy enough, and making mistakes, but good design makes sure that any user, no matter how unaware, is gently nudged in the right direction.
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