enhanced injury
Not every injury that happens in a crash or other accident is an enhanced injury. The usual misunderstanding is that it means the product caused the entire event. It does not. It means the person would have been hurt anyway, but a defective product made the harm worse than it should have been.
Most often, this comes up when a vehicle, safety device, or consumer product fails during an accident or other dangerous event. A seat belt that unlatches, a fuel system that catches fire, or brakes that fail on a steep grade can all increase the severity of injuries beyond the damage caused by the initial impact. In a product liability case, the focus is on the added harm: what injuries came from the original accident, and what injuries were made worse by the defect.
That distinction matters because it can affect who is legally responsible and how damages are calculated. A manufacturer may not be responsible for causing the first collision, but it can still be responsible for the extra injuries caused by a defective design or manufacturing problem. In Hawaii, fault is divided under modified comparative fault with a 51 percent bar: an injured person can recover only if they are not more than 50 percent at fault. In an enhanced-injury claim, that fault analysis and the medical proof tying the defect to the worsened injuries can make or break the case.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
Get a free case review →