Basic product liability laws in Hawaii

| Mar 28, 2019 | Personal Injury |

There are many different products that people in Hawaii use every day. There is also a lot of competition and many choices people have for similar products. Therefore, people generally do complete a little bit of research before buying products and, when they receive the product, they expect that it will work for its purpose. Unfortunately, this is not always the case and some products break very quickly. This can be very frustrating for the consumer.

However, sometimes when the product breaks or does not work correctly, the person using it is injured as a result. These injuries can be very severe sometimes and require significant medical treatment before the person is made whole again. In some very severe cases the person may never be the same again. People in these situations may be entitled to compensation for their injuries. However, in order to receive the compensation the victim will need to prove it was a defective product.

To do this the victim must demonstrate that there was either a design defect or there was a manufacturing defect which caused the product to malfunction. In other cases the victim may be able to prove that the designer or manufacturer failed to warn of the potential danger of the product. To prove the product is defective the consumer must show that the product failed to work properly when used for its intended use or in a reasonably foreseeable manner. This failure to work properly must be the cause of the injuries.

Some products in Hawaii are cheaper than others and sometimes that means that one may break more easily. However, no matter how expensive a product may be, if it is defective and causes injuries to the people using them, the designer or manufacturer may be liable to compensate the victim. There are defenses to these cases though and consulting with an experienced attorney to guide one through the process may be helpful.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.