Common Types of Product Liability Claims in Hawaii
Almost any consumer or industrial product can give rise to a product liability claim. However, some categories of products may pose higher risks to their users due to the dangers or the circumstances of their users.
Common categories of product liability claims include:
- Medical devices, such as stents, pacemakers, or artificial joints
- Vehicles and auto parts
- Power tools
- Home appliances and machinery, such as garbage disposals, grills, or lawnmowers
- Toys and other children’s items, which must be designed and manufactured to avoid causing injuries even if misused, since children may not appreciate the dangers of using toys other than as intended
- Construction materials, which often cause injury by exposing people to harmful or toxic substances such as asbestos or lead
If you’ve been injured by one of these products, or any other kind of product, you may have a product liability case.
How Our Attorney Can Help with Your Product Liability Claim
When you’re injured and put out of work because of injuries from a product you believed was safe, your time and energy should be focused on your recovery and getting back to your normal life so that you can take care of your family.
You may not also have the time and energy to pursue a complex product liability claim against large manufacturing corporations and their insurers and law firms. That’s why the caring legal team of the Recovery Law Center is here to help you with your financial recovery, as well as your physical and emotional recovery, following an injury caused by a dangerous or defective product.
Our team will take on the task of investigating the causes of your injury and identifying all the parties who may be liable for paying compensation to you. We’ll also document all your financial losses that you’ve suffered as a result of your injury and communicate with your medical providers to understand future treatments you may need.
We’ll handle negotiations with the defense lawyers and insurance companies and push to get you full and fair compensation for your losses. If a fair settlement isn’t possible, we are prepared to take your case to court and vigorously advocate for a verdict in your favor.
Throughout the whole process, we are here for you, so you can have the peace of mind you need for your physical and emotional recovery.
What to Do If You’ve Been Harmed by a Dangerous or Defective Product in Hawaii
If you believe you’ve been injured by a dangerous or defective product, you should seek medical treatment as quickly as possible. Prompt medical attention is critical to avoiding complications and further injury.
You should also begin collecting information to support your claim. This includes keeping the product that injured you, if possible, or at least keeping photographs of the product. Having the product itself can help experts to determine if it suffered from a design or manufacturing defect. Also try to obtain and keep copies of any advertisements that led you to purchase the product, as well as all documentation, instructions, warranties, and warning labels that came with the product, since those may be critical to proving a marketing defect or failure-to-warn claim.
Most importantly, you should contact an experienced product liability attorney who can help you organize and present your claim for compensation. Our attorney can collect the right kinds of information, coordinate with experts who can provide opinions on liability, negotiate with insurance companies for a possible settlement, and argue your case at trial if a fair and full settlement is not possible.
Compensation for Your Injuries from a Dangerous Product
Compensation for injuries caused by a dangerous or defective product generally fall into four categories of damages:
- Medical expenses – Includes costs for hospital stays, surgery, doctor’s visits, physical and occupational therapy, medication, medical equipment, and even additions to your home if needed to accommodate any disabilities caused by your injuries.
- Lost wages – Covers income lost due to work missed because of your injuries. If you return to work but must work fewer hours or in a job with lower pay than before your injuries, this compensation can also cover the difference in income you miss out on.
- Pain and suffering – Compensates you for the pain suffered due to your injuries, as well as for the loss of the ability to participate in activities like sports or recreation that you enjoyed prior to your injuries.
- Loss of companionship – Compensates your spouse and family for the loss of your companionship, society, and services to your family as a result of your injuries.
If you’ve had a loved one tragically killed by a dangerous or defective product, you and your family may be entitled to recover these categories of damages through a wrongful death and survival claim.
In rare cases, you might be able to make a claim for punitive damages as well. Punitive damages are intended to punish a liable party for particularly egregious conduct and deter future such conduct.
To prove entitlement to punitive damages, a claimant must prove that a liable party’s conduct was intentional, wanton, or reckless. Mere negligence or carelessness is insufficient. Punitive damages are typically limited to product liability cases that involve manufacturers who knew that a product was defective or dangerous and concealed such information from consumers.