Accident Lawyer Hawaii - Attorney William H. Lawson
Law Office of William H. Lawson
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Infant Statute of Limitations Tolling
Personal Injury News Items
The statute of limitations in Hawaii for a child under the age of majority is generally tolled (stops running) pursuant to HRS section 657-13(1). This gives a minor child an extended period of time in which to bring claims for personal injury. However, the deadline for filing the derivative claims of parents is generally not extended - and hence often such claims will be time-barred within 2 years from the date of the accident. In Kahale v. City and County of Honolulu, 104 Hawai'i 341, 349, 90 P.3d 233, 241 (Hawai'i 2004), the Hawaii Supreme Court stated that by its plain language HRS section 657-13(1) nowhere provides for the tolling of the derivative actions of parents. The court also reasoned that two cases from other jurisdictions have reached this same result - see, Emerson v. Southern Ry. Co., 404 So.2d 576, 580 (Ala.1981) and Smith v. Long Beach City Sch. Dist., 276 A.D.2d 785, 715 N.Y.S.2d 707, 708 (2000).
Accident Lawyer Hawaii
William H. Lawson, Esq. and
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In August 2018 3M Co. agreed to pay $9.1 million to settle allegations that it and its predecessor, Aearo Technologies Inc, knowingly sold defective combat ear plugs to the U.S. military. The ear plugs were too short for proper insertion into the users' ears and could easily loosen and not perform effectively. Military personnel who suffered hearing loss during combat or training exercises between 2003 to 2015 may qualify for a one-time award. For more on defective product claims, see: Honolulu product liability claims.
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