This is a multi-state form covering the subject matter of the title.
Hawaii Complaint For Loss Due To Product Defect and For Discovery
Category:
State:
Multi-State
Control #:
US-000283
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Loss Due To Product Defect And For Discovery?
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FAQ
Under the 1991 Act a product is defective where it fails to provide the safety a person is entitled to expect, taking all circumstances into account, including the presentation of the product, the use to which it can be reasonably be expected to be put, and the time it was put into circulation.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
Hear this out loud PauseDamages may include compensatory damages and punitive damages. Compensatory damages are meant to put the plaintiff in the position in which they would have been if they had not been injured. This may be hypothetical in some cases because it can be hard to completely undo the impact of an accident.
There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.
Hear this out loud PauseAny party involved in a defective product's chain of distribution can be legally responsible if it causes harm. In most cases, the liability falls on the manufacturer and sometimes the retailer. Product liability is based on the principle that all consumers have a fundamental right to safe and effective products.
Risk of harm may be created because the product was deficiently designed, mis-manufactured, or sold with inadequate warnings or instructions for safe use. The entity committing the negligent act may be liable for injuries and damages caused as a result of that negligence.
Hear this out loud PauseA defective product is a consumer good that causes injury or illness and as such constitutes grounds for a lawsuit to recover damages. Someone harmed by a product defect has a right to take legal action to recover medical costs, loss of income and more. This legal action is often called a product liability claim.
If the product is faulty then the liability for any harm caused by the product lies with the manufacturer.