Hawaii Personal Injury Attorney - Defective Products Liability
   

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Products Liability

William Lawson- Accident Attorney Hawaii
 
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Recent Personal Injury and Car Accident News and Cases related to Hawaii


On June 29, 2015, the Hawaii Supreme Court rendered its decision in the case of St. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance, Hi. Sup. Ct. Case No SCCQ-14-0000727 (June 29, 2015). This case arose out of a wrongful death personal injury case handled by this office which resulted in a $4.1 million verdict in favor of our clients - even though Liberty Mutual, the primary liability insurer, never offered anything even close to its policy limits of $1 million. St. Paul - who had to pay our clients everything recovered in excess of the initial $1 million - claimed that Liberty Mutual committed bad faith towards it by failing to settle within its $1 million policy limits. The Hawaii Supreme Court agreed and found that an excess insurer has claims for bad faith against a primary insurer.

 

 

 

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 Hawaii Personal Injury Attorney - Deadlines 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 Hawaii Product Liability Attorney 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: Hawaii Personal Injury Attorney Equipment 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
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


 

 

Hawaii Personal Injury Attorney

William Lawson, Esq.
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1188 Bishop St. Suite 2902
Honolulu, HI 96813

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