The Deadline to File a Products Liability / Dangerous Product Claim

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. There are some exceptions 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 claim may be longer still.

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.

Examples of Product Liability Claims

Some examples of dangerous products which have been led to successful products liability claims include: dangerous appliances which injure users and/or bystanders, appliances and other electrical equipment which ignite or cause nearby materials to catch on fire, products- like aerosol cans- which explode or erupt, asbestos, medical devices which fail or which otherwise cause serious injury, medications with serious undisclosed side effects, vehicles which are unsafe to operate, equipment which comes apart when used, products which cause injury due to radiation exposure, equipment without safety shields, childrens' toys which endanger the child, furniture which comes apart or collapses during use, highly flammable fabrics in clothing, products which violate OSHA or other state or federal regulations, products which fail to comply with UL or CPSC standards and products without warnings of hidden dangers.

• Our office charges on a CONTINGENCY FEE basis in accident cases which we accept. There is NO CHARGE for an initial consultation to evaluate your case. E-mail us or call us at (808) 524-5300 or (808) 528-2525 if you have any more questions.

• If you believe that you may have a claim of this type, please take a few moments to visit with a paralegal to outline the nature of your claim. Thank you!

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