In 2021, around
11.7 million individuals
sought medical attention in emergency departments due to injuries caused by consumer products, according to the National Safety Council. Surprisingly, most of these injuries were related to common everyday items that are typically considered safe.
Unfortunately, the most vulnerable groups, such as older adults and young children, are frequently affected by these injuries. Children between the ages of 0 and 4 have one of the highest rates of injury.
If you have been injured by a dangerous or defective product, you may be able to file a lawsuit against the manufacturer, distributor, or retailer of the product. Through a product liability claim, you can recover financial compensation for all of your losses, including property damage, medical bills, lost wages, pain and suffering, and more. Our Hawai‘i personal injury attorneys will fight to get you maximum compensation for your losses.
Based in Honolulu, Miyashita & O’Steen represents individuals and families throughout Hawai‘i who have been hurt in all types of accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Honolulu product liability lawyer, contact our law firm today.
What Is a Product Liability Lawsuit?
When you purchase an item, you probably expect that it will be safe for you to use. Unfortunately, products that go on the market in the United States aren’t always safe for consumers. This can often put people at risk when using these dangerous or defective products.
When someone is injured by a dangerous product, they can file a lawsuit against its manufacturer, distributor, and/or retailer for their injuries. This is a special type of personal injury claim known as a product liability lawsuit.
In Hawai‘i, you can file a product liability lawsuit based on three theories:
- Defective design: in a design defect claim, the injured victim (plaintiff) claims that there is something inherently flawed or dangerous about the design of the product itself.
- Manufacturing defects: the product’s design might be fine, but some type of manufacturing error caused the product to be defective.
- Failure to warn: the manufacturer did not warn consumers of the dangers associated with using the product.
One of the most common examples of a dangerous product is lithium-ion batteries. These batteries can be found in many common household items, including toothbrushes, smartphones, scooters, e-bikes, and cars. Yet, according to the U.S. Fire Administration, lithium-ion batteries have the
If someone is hurt by a lithium-ion battery fire, they could potentially pursue a claim on any or all of the three theories listed above. If the product was designed in such a way that no use of the battery would be safe, then that is a design defect case. If the design of the battery was fine, but there was a flaw in the manufacturing process, that would be a manufacturing defect case. Finally, if the manufacturer did not warn about potential dangers associated with the battery (such as charging it for too long), then it could be held liable under a failure to warn theory.
Hawai‘i allows plaintiffs to sue manufacturers (defendants) for negligence and/or strict liability. In a negligence case, the plaintiff has to prove that the defendant was careless in some way. With strict liability, if a product is more dangerous than it should be or if it contains inadequate warnings, the manufacturer can be held liable for any injuries that result (without any need for the plaintiff to prove negligence).
Product liability claims can be brought for almost any type of product – contaminated food, electronics, medications, medical devices, motor vehicles, and household supplies, etc. If the product was dangerous or defective in some way when it left the manufacturer’s possession and caused harm when used in a reasonably foreseeable way, then the manufacturer, distributor, and the retailer, can be held liable for the harm that it caused.
Our law firm is adept at navigating the often challenging process of determining fault in a product liability case and holding defendants liable. We won’t back down from a fight and will work hard to help you get the money that you deserve for your injuries.
Compensation in a Hawai‘i Product Liability Case
In a personal injury claim, a plaintiff may be able to recover money for all of their losses. This can include money for both financial losses and intangible losses. In cases involving intentional or reckless conduct, an injury victim may also be entitled to punitive damages.
Generally, plaintiffs can recover both economic and non-economic damages in a product liability claim. Together, they are referred to as compensatory damages. They include:
- Economic damages: property damage, out-of-pocket expenses, lost wages, reduced earning capacity, medical bills, and future medical treatment.
- Non-economic damages: pain and suffering, reduced quality of life, scarring, disfigurement, and emotional distress.
If you were hurt by a dangerous or defective product, then you can seek compensation for these and other losses that you suffered. For example, if you will need ongoing medical care, then any settlement that you receive should include money for both the medical expenses that you already incurred as well as future medical care. It should also include compensation for the trauma and other losses that you experienced.
In Hawai‘i, there is no cap on damages for physical pain and suffering in cases involving strict and products liability. Unlike certain other cases where these damages are limited to $375,000, strict and products liability cases are an exception to the rule. There is also no cap on economic damages and any other non-economic damages in Hawai‘i.
Punitive damages may be awarded in more unusual cases involving intentional or reckless conduct. These damages are meant to punish a defendant instead of compensating a victim. Our Honolulu product liability attorneys can help you understand your potential right to punitive damages based on the facts of your case.
Studies show that people who are represented by legal counsel in personal injury claims tend to recover significantly higher compensation compared to people who represent themselves. Our legal team will fight for your right to full compensation. We will also help you seek justice for the harm done to you and/or your family.
How We Can Help
At Miyashita & O’Steen, our reputable personal injury lawyers are exceptionally well-equipped to assist clients facing product liability cases. From the outset, we will diligently investigate the details of the case, meticulously examining the defective product and identifying liable parties, such as manufacturers, suppliers, or distributors. Then we work to build a compelling case, backed by evidence and expert testimony, showcasing the product’s flaws or hazardous design.
Our experienced attorneys work tirelessly to negotiate fair settlements with insurance companies or opposing legal teams, seeking compensation for medical expenses, lost wages, pain, and suffering. In the event that a settlement is not reached, we fearlessly represent our clients in court, advocating for our client’s rights and pursuing justice.
Frequently Asked Questions
- Consumer electronics (e.g., smartphones, laptops)
- Motor vehicles and automotive parts
- Pharmaceuticals and medical devices
- Household appliances (e.g., heaters, kitchen appliances)
- Children’s toys and childcare products
- Industrial machinery and equipment
- Power tools and construction equipment
- Sporting goods and recreational equipment
- Food and beverages
- Beauty and personal care products (e.g., cosmetics, haircare)
- Furniture and home furnishings
- Clothing and footwear
- Electronics and electrical products
- Home improvement products (e.g., paint, adhesives)
- Cleaning supplies and chemicals
Related Areas of Practice
In addition to defective products, our experienced attorneys have handled other cases involving:
- Implant Failures
- Lemon Law
- Liquor Liability
- Medical Malpractice
- Product Labeling
- Product Warnings
- Social Host Liability
- Roadway Design
- Warranty Claims
- Wildfire Litigation
- Wrongful Death
Miyashita & O’Steen’s personal injury attorneys serve and operate in all counties and islands in Hawaiʻi. Whether you have been injured in Hilo, Honolulu, Kahului, Kailua-Kona, Lihue, Pearl City, Waimea, or Waipahu, or somewhere in between, our attorneys are here for you. Contact us today for a free consultation.
Hurt By a Dangerous Product? We’re Here for You.
Few people expect that an item in their home will cause them harm. Yet dangerous and defective products are far too common in households across Hawai‘i. If you are hurt by a defective product, our law offices will fight for your right to full compensation.
At Miyashita & O’Steen, we offer top-notch legal representation for accident victims throughout Hawai‘i. We will advocate for your rights and help you get the money that you deserve for your injuries. To learn more or to schedule a free initial consultation with a Honolulu product liability attorney, give our law offices a call at 808-909-8770 or fill out our online contact form.
