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Recent Personal Injury and Car Accident News and Cases related to Hawaii
Congressional grants of tort immunity obtained by big business through political contributions and lobbying are finally hitting some limits. In 2005 the rental car industry managed to get immunity for harm caused by their vehicles, known as the "Graves Amendment", passed as an amendment snuck into a 900-page transportation appropriations bill without review from the relevant congressional committees. On September 14, 2007 the U.S. District Court for the Southern District of Florida declared the Graves Amendment providing tort immunity to the rental car industry to be unconstitutional. The Court reasoned that federal grants of immunity for businesses traditionally regulated at the state level constitute an overreaching of Congress' power under the Commerce Clause. Vanguard Car Rental v. Huchon, Civ. Case No. 06-10082, (USDC So.Dist. Fl. 2007)
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What is a defective
product for product liability purposes?
What is Meant by the term "Defective Product"?
A "defective product" for product liability purposes
is one that causes an injury or damage as a result of
some failure in the product or its labeling.
The manufacturer and others involved in the
chain of distribution of the product that caused the injury
are generally liable
for injuries that defective products cause.
The courts in Hawaii, like in many other states,
allow a personal injury claim to be pursued by a person
who is injured by or incurs loss due to a "defective product".
These claims are called "Product liability" claims-
and are also known as defective product claims.
Defective
Products/ Products Liability
Deadlines to File Products Liability/ Dangerous Product
Claims
The
deadline for most dangerous product (product liability)
claims in Hawaii is two (2) years from the date of the injury
caused by the product. It should be noted, however, that there are
exceptions to this rule- for example, claims
against the City and County of Honolulu and
the various other Counties must be filed with the appropriate agency
within six (6) months of the date of the accident.
There are also some other exceptions which may
provide some additional time in certain cases, since some
dangerous products may cause injuries which do not appear
for years after exposure to the product and other dangerous
products may cause injuries which are not connected to the
product by medical science for years after the exposure.
Generally the date of the injury is not deemed to have occurred
until (1) exposure to the product, (2) injury from the product
and (3) reason to know of the connection between the exposure
and the injury- have all occurred. In some cases where a
manufacturer has deliberately misled the public as to the
safety of its product, the deadline for filing the
product liability/ defective product claim
may be longer still. You must file your claims in
court prior to the expiration of such deadlines, or your
claims may be lost—regardless of their merit.
To be wise it is recommended that you immediately contact an attorney
after an accident giving rise to injuries occurs- please do not
hesitate to :
Contact
Hawaii Personal Injury | Attorney now for a free evaluation of your case.
Defective Product Liability Claim Information
Generally a product liability claim arises where a defective
product has caused injury. A product is defective if it
poses an unreasonable risk of harm. A product may be defective
in design or in manufacture. The definition of a product
is pretty broad, and it can even include components of a
building such as an escalator. Leong
v. Sears Roebuck and Co.
Hawaii Supreme Court Case No. 20865 (December 14, 1998).
The absence of a warning of danger may be a defect and a
warning which is deficient to provide a consumer with basic
safety information may also be a defect. A victim does not
need to be the owner or purchaser of the product in order
to make a claim. However, if a victim is found to have been
negligent in using a defective product (ie. to have failed
to use ordinary care), it may reduce or completely defeat
any recovery available under a products liability claim.
Examples of Product Liability/ Defective Product
Claims
Some examples of dangerous products which have been led
to successful products liability claims include:
dangerous products - like aerosol cans-
which explode or otherwise injure users and/or bystanders, an appliance
or other electrical device which gives an electrical
shock or which ignites or causes nearby
materials to catch on fire, asbestos, medical devices which
fail or which otherwise cause serious injury, medications
with serious undisclosed side effects, vehicles which are
unsafe to operate, equipment which comes apart causing injury when used,
products which cause injury due to radiation exposure, equipment
without safety shields, childrens' toys which endanger the
child, furniture which comes apart or collapses during use,
highly flammable fabrics in clothing, products which violate
OSHA or other state or federal regulations, products which
fail to comply with UL or CPSC standards and products without
warnings of hidden dangers.
Links relating to Product Liability/ Defective Product
Claims
Government
Websites
Consumer Action Website
This site includes a listing of state, city and local consumer protection
offices to assist individuals in filing complaints about products
or services in the appropriate agency.
U.S. Consumer Product Safety Commission
Consumer Product Safety- including a database of recalled products
by type, description, manufacturer or month and year of recall.
Forms are also provided for reporting product-related injuries
to the CPSC, as well as research reports and publications.
U.S. Food and Drug Administration
Select "Information for Consumers" on the right side of the page
to gain access to topics related to many drugs, cosmetics,
medical devices and other products. Forms are also provided
for reporting drug reactions, food-borne illnesses, etc.
Private
Websites
Center for Auto Safety
Vehicle and vehicle component safety information-
Cars, trucks, buses and other vehicles. Recalls,
investigations, lawsuits and action alerts.
Public Citizen
Database and information on prescription drugs
and drug policy issues- as well as an auto
safety section regarding vehicles and components.
Underwriters Laboratories
UL tests all types of electrical products for
safety and compliance with regulations.
Click "Online Tools" on the left-hand side
for specific product information. Standards
are also promulgated.
For more links- please see the defective product liability page
at Accident Lawyer Hawaii-
Accident Lawyer Hawaii- Products Liability Attorney Wm Lawson
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Hawaii Personal Injury | Attorney
William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813
New client hotline:
(808) 524-5300
Main business phone:
(808) 528-2525
Directions to Hawaii Personal Injury | Attorney
Hawaii accident news
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Court cases re: Hawaii accident law
Hawaii Medical Experts-
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Directory
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The Constitution Of The State Of Hawaii
Jones Act- maritime law and seaman cases
U.S. Personal Injury Attorneys- by State
The American Association for Justice
formerly known as the
American Trial Lawyers Association
Consumer Lawyers Hawaii
Stanford Law School
American Bar Association
Marquis' Who's Who
in the World,
Who's Who
in America and
Who's Who
in American Law
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