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When you file for custody, you are the plaintiff, which means you are initiating the case. The opposing party will be the defendant, responding to your application. This designation is important as it impacts the case's procedure and responsibilities involved. Grasping custody in law meaning will guide you through this legal terminology and its implications.
The term 'currently in custody' refers to an individual who is presently detained by law enforcement authorities. This status indicates that the person is under arrest or facing legal proceedings and cannot leave unrestricted. A clear understanding of custody in law meaning can help individuals recognize their rights during such situations.
In Hawaii, the statute of limitations for a product liability claim seeking compensation for wrongful death, personal injury, or property damage is two years from the date of injury or damage. If you fail to file your lawsuit within the statute of limitations, your claim may be forever barred from the courts.
Hawaii follows the comparative negligence ? 51% rule. This means that if an injured party was less than 51% at fault, they can still recover damages. If an injured party is found to be 51% or higher at fault, then they will not be able to recover any damages.
1 Alternatively, strict liability can also be imposed as it is the responsibility of the manufacturer to ensure that the prod- uct they sell to consumers is in proper condition. Under contract law, product liability can arise due to a breach of contract or warranty by the manufacturer/ seller/service provider.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
Hawaii allows for product liability actions based on both negligence and strict liability. These lawsuits often include claims of design defect, manufacturing defect, or insufficient warnings.