Home- Accident Lawyer Hawaii

General Info

Accidents
(except MVAs)

Types of Injury

Motor Vehicle Accidents

 

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. Generally if the accident occurred in Hawaii, you will want to obtain the services of a Hawaii products liability lawyer aka a Hawaii product liability attorney or a Hawaii defective products lawyer to help you with such a claim.

Defective Products - Products Liability Claims in Hawaii

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 contact a product liability attorney or defective product lawyer immediately after an accident involving a product which gives rise to injuries occurs. Please do not hesitate to :

Contact Accident Lawyer Hawaii 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.

Court Cases regarding product liability - Defective Product Claims

This website has an extensive commentary on Product Liability cases both in Hawaii and on the mainland. The links below will take you to specific topics in the law of products liability. (These links can also be found in the "Products Liability - Hawaii Cases & Comment" pull-down window in the right-hand menu of this site)

Products Liability - Hawaii Cases & Comment

Product Liability Law

Manufacturer Negligence

Lessor Negligence

Manufacturer Warranties

Lessor Warranties

Manufacturer-Strict Liability

Lessor- Strict Liability

Last Clear Chance

Assumption of Risk

Comparative Negligence

Other Similar Accidents

Lay & Expert Witnesses

Videos & Pictures

Daubert Challenges

Later Product Changes

Punative Damages

Spoilation of Evidence claims in Products Liability Actions

STENDER v. VINCENT, January 31, 2000 The Hawaii Supreme Court holds that in an appropriate case- even if a party was not at fault- a trial court can give an adverse inference jury instruction (on the issue of liability) as a sanction for spoilation of evidence (such as the loss or destruction of the product [a motor vehicle] involved in the accident). Moreover, the court finds that in this case, the trial court was also required to exclude volumnious discovery responses submitted too late for the opposing party to have a reasonable opportunity to review and respond (thousands of documents submitted just after the discovery cutoff).

Fraudulent Concealment of Evidence claims in Products Liability Actions

Living Designs v. Dupont (one of the Bentlate cases), December 5, 2005 The 9th Circuit Court of Appeals reversed a summary judgment decision rendered by a visiting judge in the District Court of Hawaii and remanded the case for trial following the recent case of Matsuura v. Du Pont, 330 F.Supp.2d 1101 (2004) (Benlate discovery and settlement fraud). The law regarding the settlement agreements which had been obtained by Dupont while Dupont was concealing evidence related to Bentlate had been the subject of 3 precedential certified questions answered by the HI Supreme Court in Matsuura v. Du Pont, 102 Hawai'i 149 (2003) - but Judge Real had not waited for those decisions before ruling against the claimants who alleged settlement fraud. The 9th Circuit Court ordered that the case on remand be reassigned from Judge Manual Real because of serious improprieties he committed as described in their opinion. opinion.

Links relating to product liability - Defective Product Claims

Government Websites

U.S. Consumer Gateway: Product Safety
Product Safety- Safety news and recalls regarding automobiles, children, cosmetics, household, health, poison and products.

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.

U.S. Food Safety Inspection Service
This is a branch of the U.S. Dept. of Agriculture dedicated to information on food product recalls, federal food recall cases, and forms for reporting food product complaints.

Nebraska Tractor Test Laboratory
The University of Nebraska tests tractors manufactured in the U.S. Test results dating back to 1999 are available for free- some older test results and more complete documents can also be obtained for a fee.

U.S. National Highway Traffic Safety Administration
NHTSA provides information on defective cars, trucks, other vehicles and vehicle components, including tires, car seats, and recall items. The searchable database of consumer complaints goes back to 1995. Information for filing a complaint is also provided.

U.S. National Transportation Safety Board
The NTSB website has information about highway, marine, pipeline, hazardous materials and other dangers. The site includes accident reports, investigation information, safety recommendations, letters and a "Most Wanted" list of safety issues with a high priority to the NTSB.

National Safety Council
Fact sheets on a variety of products, statistics and publications on injuries and accidents and their cost to society.

Recalls.gov
A "one-stop" shop for U.S. governmental recall information.

Private Websites

Center for Auto Safety
Vehicle and vehicle component safety information- Cars, trucks, buses and other vehicles. Recalls, investigations, lawsuits and action alerts.

Eli Lilly Clinical Trial Registry
Summaries of Eli Lilly clinical trials and a glossary of clinical trial terminology.

GlaxoSmithKline Clinical Trial Register
Clinical trial drug studies for Glaxo Wellcome, SmithKlineBeecham and others.

Insurance Institute for Highway Safety
The insurance industry supported organization tests vehicles and posts results online. Searchable by make and model. Website is searchable by topic.

American Society for Testing and Materials
Technical information about materials standards, products, systems and services and worldwide standards for compliance.

American National Standards Institute
Information about materials standards, products, systems and services- and voluntary standards for compliance in the U.S.

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.