Every day, we rely on products to make our lives easier, safer, and more enjoyable. From cars and home appliances to medical devices and toys, we trust these items to safely function as intended.
However, when products are defective or unsafe, they can cause devastating injuries, leaving victims with physical, emotional, and financial burdens. Understanding the elements of product liability claims is essential for those seeking justice after suffering harm from a defective product.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are experienced in handling complex personal injury cases, including defective product lawsuits involving vehicles, medications, medical equipment and implants, building supplies, helicopters, airplanes and commercial jetliners, military equipment, recreational equipment, and even a malfunctioning sidewinder missile that missed its practice target and struck a nearby helicopter instead killing all occupants.
Based in Honolulu, we are committed to helping Hawaii residents navigate the intricacies of product liability law and recover the compensation they deserve.
What Is Product Liability?
Product liability refers to the legal responsibility manufacturers, distributors, suppliers, and retailers bear for putting defective or unsafe products into the hands of consumers. When someone is injured due to a faulty product, they may file a product liability claim to hold the responsible parties accountable.
Hawaii’s product liability laws are rooted in the principle of protecting consumers from harm caused by negligence, manufacturing errors, failure to warn of dangers, instruction or label errors, or design flaws. Understanding the elements of these claims can help you assist your lawyer in building a strong case.
Product Liability Elements
To pursue a successful claim in Hawaii, a plaintiff must prove three essential product liability elements.
1. The Product Was Defective
The first step in any product liability claim is demonstrating that the product in question was defective. There are three main types of product defects:
- Design defects. Flaws in the product’s design can make it inherently dangerous, even when manufactured correctly. An example would be a poorly designed car seat that fails to protect a child during a collision.
- Manufacturing defects. Errors or deviations during the production process render an otherwise well-designed product unsafe. A batch of medication contaminated during production is an example of a manufacturing defect.
- Marketing defects (i.e., failure to warn): Inadequate instructions, warnings, or labels fail to inform users of potential risks. An example would be a household cleaner missing a warning about harmful fumes when mixed with other chemicals.
Although manufacturers are often negligent, fault on their part is not required. In Hawaii, a product is defective if it does not meet the reasonable expectations of the ordinary consumer or user. Now, let’s consider the second element you must prove.
2. The Defect Caused an Injury
You, as the plaintiff, must prove that the defective product caused your injury or harm. This element links the defect to the damages suffered. Medical records, photographs of injuries, and expert testimony often play a crucial role in establishing this connection.
For example, suppose a defective airbag deploys with excessive force and causes facial injuries. You will have to show that the defective airbag was a substantial factor in causing your injuries.
3. The Product Was Used As Intended
Finally, you must show that you were using the product as the manufacturer intended or in a reasonably foreseeable way at the time of the injury. Manufacturers can sometimes argue that a misuse or alteration of the product absolves them of liability.
For instance, if a power tool is used without its safety guard, the manufacturer may claim that the misuse contributed to the injury. However, foreseeable misuse—such as a child ingesting a parent’s medication which lacked a child-proof cap—may still make manufacturers accountable under Hawaii law.
Defective Product Lawsuit Examples
Several types of defective product lawsuits illustrate how these elements come into play. Defective product lawsuit examples include:
- Defective vehicle parts—faulty brakes or airbag systems causing accidents and injuries;
- Unsafe medical devices—pacemakers or implants that malfunction and endanger patients;
- Harmful consumer goods—exploding e-cigarettes, toxic cosmetics, or defective kitchen appliances;
- Children’s toys—a toy that malfunctions and causes a child harm; or
- Prescription or over-the-counter drugs—pharmaceutical drugs can cause harm if they are incorrectly manufactured.
These cases often require thorough investigation and expert analysis to determine where and how the defect originated.
Strict Products Liability Elements
In Hawaii, strict liability is an important legal doctrine in defective product cases. Under this principle, a plaintiff does not need to prove negligence, fault or intentional wrongdoing by the manufacturer. Instead, you must show the following strict product liability elements:
- The product was defective,
- The defect caused their injury, and
- The product was used as intended or in a foreseeable manner.
Strict product liability allows injured consumers to hold manufacturers accountable even if they exercised care during the design and production process. This approach ensures that responsibility lies with those who profit from putting products into the marketplace.
In Hawaii, those responsible include distributors and retailers. So, a claim involving a defective product made in China could be filed against the distributor and/or retailer in Hawaii, rather than trying to make a claim in China against the manufacturer.
Building a Strong Product Liability Claim
Product liability claims are often complex, requiring extensive resources and legal expertise. At Cronin, Fried, Sekiya, Kekina & Fairbanks, our attorneys have decades of experience handling these high-stakes cases. We understand the unique challenges Hawaii residents face and are equipped to pursue justice for injured people.
When evaluating a defective product claim, we:
- Conduct detailed investigations to identify responsible parties;
- Work with industry experts to establish product defects;
- Gather compelling evidence, including medical records and accident reports; and
- Fight for maximum compensation to cover medical expenses, lost income, and less intangible losses like pain and suffering.
Remember, you typically only have two years from the date of injury to initiate your claim, so it is best to consult with an attorney as soon as possible to determine the applicable time limit for your case.
Why Choose Our Firm?
Cronin, Fried, Sekiya, Kekina & Fairbanks is Hawaii’s most respected personal injury law firm, renowned for its dedication to justice and exceptional client advocacy. Located in Honolulu, we are deeply rooted in Hawaii’s culture and committed to protecting our community from harm caused by manufacturers of defective or unsafe products.
We have achieved multimillion-dollar verdicts and settlements in complex injury cases, including product liability cases, providing our clients with the resources they need to rebuild their lives.
Contact Us Today
If you or a loved one has been injured by a defective product in Hawaii, don’t wait to seek legal advice. Our compassionate attorneys offer free consultations to evaluate your claim and determine the best course of action.
You won’t pay anything unless we recover compensation on your behalf. Contact us today to schedule your consultation. Together, we’ll hold manufacturers accountable and work toward a safer Hawaii.
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