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Search results for “product defect”

20 results

strict product liability

Do you have to prove a company was careless to recover for a dangerous product? Not always. Strict product liability allows an injured person to hold a manufacturer,...

manufacturing defect

You may see this phrase in a denial letter, an insurance investigation, a repair report, or a lawyer's explanation of why a product failed even though its design looked fine on...

Missing a safety warning can leave someone using a dangerous car part, medicine, appliance, or child item long after the maker has learned it may cause fires, crashes,...

crashworthiness doctrine

A maker can be liable when a product did not cause the accident but did make the injuries worse. "Crashworthiness" is most often discussed with vehicles, but the idea reaches...

Can I sue in Hilo if a recalled car part made my crash worse?

Yes - in Hawaii, you may have a separate product-liability claim if a defective or recalled part caused or worsened your injuries. The key question is who put the bad part into...

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....

Feels wrong to sue over a Kaneohe crash, but the bad part may matter more than the turn

A project manager driving between job sites in Kaneohe may have both a workers' comp claim and a separate injury case if a defective SUV part caused or worsened the crash.

ARTICLE by Marcus Torres

consumer expectation test

People often confuse this with the risk-utility test, but they ask different questions. The consumer expectation test looks at whether a product was more dangerous than an...

Hilo postal route wrecked by construction gravel and now they're pushing light duty anyway

A Hilo postal worker can have a work injury claim and a separate fault case over road debris, and the biggest fights are usually over blame and forced "light duty."

ARTICLE by Marcus Torres

A pressure ulcer is a bedsore caused by prolonged pressure on the skin. "Pressure" means body weight cutting off blood flow, usually where bone presses against a mattress,...

Can I sue over a Kahului tire blowout if I'm undocumented?

What your employer or landlord is hoping you never find out: your immigration status does not cancel your right to file an injury claim in Hawaii. If the tire itself was...

i got hit on my motorcycle in Waipahu and now some stranger is filming me

A first crash is bad enough, and it gets worse fast when the insurer sends a private investigator to catch you moving around and call you a liar.

ARTICLE by Keoni Makoa

A city truck hit your parked vehicle in Honolulu, and the clock is already moving

If a City and County of Honolulu truck damaged your parked vehicle and left, the deadlines start fast and the claim process is not the normal insurance routine.

ARTICLE by Jennifer Nakamura

failure to supervise

When a person or organization has a duty to watch, guide, or protect someone and does not provide the level of oversight that a reasonable situation requires, that can be a...

An IME doctor said you're fine - the MRI fight starts there

A Kaneohe bus driver can still have a real injury claim when the insurance doctor pretends the MRI means nothing.

ARTICLE by Jennifer Nakamura

Is a Hilo motorcycle claim worth it if a recalled part worsened injuries?

What the insurance company does not want you to know about this is that a recalled or defective part can add a separate product claim on top of the crash claim, and that can...

general causation

Proof that something can cause a kind of harm. "Can" is the key word. General causation asks whether a product, substance, or condition is capable of causing the injury at...

risk-utility test

You may see this in a denial letter, expert report, or settlement talk as a claim that a product was "not unreasonably dangerous under the risk-utility test." Stripped down,...

My Honolulu crash is almost two years old and Medicare wants a cut

Two impacts, two insurers, Medicare in the middle, and the deadline can sneak up fast if you moved here recently and don't know the system.

ARTICLE by Derek Kahunahana

Honolulu bus pileup in fog and the insurance number sounds way too low

A Honolulu fog pileup with a city bus can turn into a fight over medical care and policy limits fast, especially when the adjuster is lowballing you.

ARTICLE by Grace Santos