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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 Car 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 vehicles which are unsafe to operate, tires which come apart causing injury when used, cars which are not crash-worthy so that the fuel tank ignites or the car crushes an unreasonable amount and products without warnings of hidden dangers.