Your description of trial and error mean that almost every game is based on trial and error, so trial and error gameplay isn't a flaw unless you're saying the whole industry has a serious problem, but you're not saying that. I think what you're saying is that trial and error game play doesn't work without adequate checkpoints, but because different people are capable of performing over longer lengths of time without error the adequacy of checkpoints is subjective. This may not be the best way to increase difficulty, but it is fair.
(Then again I haven't played it so my point is probably invalid anyway.)
(Then again I haven't played it so my point is probably invalid anyway.)