Warranty Claims Against A Lessor - Accident Lawyer Hawaii

Product Liability Lawyer - Accident Attorney Hawaii

Honolulu Products Liability Lawyer Bill Lawson

Law Office of William H. Lawson

What We Do at Accident Lawyer Hawaii - video Honolulu Personal Injury Attorney - Claims We Handle Personal Injury Attorney Hawaii results Honolulu Personal Injury Attorney - Call us now

Defective Products - Table of Contents

Warranty Claims Against a Product Lessor - a Rental Company

Products Liability Cases In Hawaii

The Hawaii Supreme Court has made it clear that warranty claims against a lessor stand along with the claims for strict product liability. Indeed, this has been specifically recognized by the Hawaii Court of Appeals in the case of Torres v. Northwest Engineering Co., 86 Haw. 383, 949 P.2d 1004 (Haw.App. 1997). As stated in the Torres case:

"The Hawai'i Supreme Court has stated that 'where a plaintiff seeks to recover for personal injury in warranty the elements of the action should be governed by the same policies which presently shape the elements of a tort strict products liability claim.' Larsen v. Pacesetter Systems, Inc., 74 Haw. 1, 22, 837 P.2d 1273, 1284 (1992). The reason for applying the elements for tort strict products liability is that 'the tort action for strict products liability is the warranty action for tangible injury to persons and property stripped of its contractual mask.' Id. at 22, 837 P.2d at 1284. Under the doctrine of strict products liability as adopted in this jurisdiction, where a seller or lessor, who is engaged in the business of selling or leasing a product, sells or leases a defective product which is dangerous to the user or consumer, and injury results from its use or consumption, the seller or lessor will be held strictly liable in tort for the injury." 86 Haw. at 398, 949 P.2d at 1019. [emphasis added]

Many jurisdictions have developed the law of warranties applicable to leases through case law. Hawaii is no longer one of those jurisdictions. HRS Chapter 490:2A "The Uniform Commercial Code - Leases" sets forth the law of warranties pertaining to leases for the State of Hawaii by statute.

HRS § 490:2A-103 defines various terms related to lease agreements. Some of those definitions include:

"(10) 'Lease' means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.

"(14) 'Lessee' means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.

"(16) 'Lessor' means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.

"(20) 'Merchant lessee' means a lessee that is a merchant with respect to goods of the kind subject to the lease."

Facebook Company page for Accident Lawyer Hawaii - William H. Lawson LinkedIn Company page for Top Honolulu Personal Injury Attorney William H. Lawson Google+ page for Bill Lawson - HI's Best PI Law Firm

Accident Lawyer Hawaii

William H. Lawson, Esq. and
Amy L. Woodward, Esq.

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525

Directions to Honolulu office

Get a free consultation

HI accident news
and articles

Court cases re:
Hawaii accident law

Lawson Law
Scholarship 2019

Products Liability - Cases & Comment

Jones Act- maritime law and seaman cases

The Constitution Of The State Of Hawaii

Recent Personal Injury and Car Accident News

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.

Awards and Honors
AV Preeminent rated by Martindale Hubbell
Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum
AVVO Top Rated Personal Injury Attorney
AVVO Top Rated Personal Injury Attorney, 10 of 10
ATLA Top 100 Trial Lawyers
ATLA Top 100
5.0 of 5.0 top rated by Lawyers.com
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible
National Trial Lawyers - Top Lawyer
National Trial Lawyers - Top 100 Trial Lawyers
Million Dollar Advocates Forum
Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2017
American Society of Legal Advocates - Top 100 - 2017
Marquis' Who's Who
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
AVVO Clients' Choice Personal Injury Lawyer
AVVO Clients' Choice Personal Injury Lawyer
American Society of Legal Advocates - Top 100 - 2015
American Society of Legal Advocates - Top 100 - 2015
Best Attorneys in America - Life Charter Member
Best Attorneys in America - Life Charter Member

Click on a box below to choose one of our 4 menus:

There is NO CHARGE for sending your case information to our law firm. The information provided on this website is preliminary and informational ONLY. It is not legal advice. The use of our webpages does not establish an attorney-client relationship. This website is copyright 1999-2019 and the contents of this website are the property of Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and our Privacy Policy are available here for your consideration. All rights reserved.

Hawaii Defective Products Liability Attorney Lawyer

We thank you for visiting our site!