Hawaii Product Liability Forms - Hawaii Jury Instructions

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Hawaii Product Liability FAQ Hi Product Liability

What is product liability? 

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner.

How can I recover for harm from a product? 

Product liability suits may be brought by the consumer or someone to whom the product was loaned. While products are generally thought of as tangible personal property, products liability law has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

In order to prevail on a product liability claim, the product complained of must be shown to be defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its intended use, it can be unreasonably dangerous to use due to a design flaw. Manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent or hidden dangers in the product.

What law governs a product liability claim? 

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. In a strict liabilty theory of liability, the degree of care exercised by the manufacturer is irrelevant, as long as the product is proven to be defective, they will be held liable for the harm resulting from the defect.

Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. Claims may be based on the common law of the states or on the Uniform Commercial Code (UCC). Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. The most important products liability sections are the implied and express warranties of merchantability in the sales of goods §§ 2-314 and 2-315. Products liability is derived mainly from tort law.


What is a Supply Agreement?

A supply agreement is a contract that states the terms and conditions between a supplier and a buyer for the provision of goods or services. It outlines the agreed upon quantity, quality, price, and delivery schedule of the products or services. In Hawaii, a supply agreement can be important for businesses that rely on suppliers from other parts of the world or mainland United States to ensure a consistent supply of goods. For example, a hotel in Hawaii might have a supply agreement with a local food distributor to ensure a steady delivery of fresh produce and other essential supplies for their restaurant and kitchen operations.


When Do I Use a Supply Agreement?

A supply agreement is typically used when two parties, such as a buyer and a seller, want to establish the terms and conditions of their business relationship regarding the supply of goods or services. It helps clarify important aspects such as pricing, delivery schedule, quality standards, and dispute resolution mechanisms. In Hawaii, one might need a supply agreement particularly when engaging in local trade or when collaborating with Hawaiian suppliers or customers. This legal document becomes essential to protect the interests of both parties and ensure a smooth and transparent supply chain.


Everyday Situations For Using a Supply Agreement

Everyday situations where you might use a supply agreement in Hawaii include when you're a small business owner and need to secure a consistent supply of materials or products from a local supplier. For example, if you own a restaurant and rely on a specific seafood supplier for fresh fish, having a supply agreement ensures that you always have access to the products you need. Another possible situation is when you're a homeowner and want to hire a landscaping company to regularly maintain your yard. Through a supply agreement, you can establish the scope of work, price, and frequency of services, assuring that your lawn is well taken care of throughout the year. Whether you're a business owner or a homeowner, using a supply agreement helps ensure reliability, stability, and peace of mind in your everyday dealings.


Common Sections in Supply Agreements

Common sections in supply agreements in Hawaii include the identification of the parties involved, the description of the goods or services being provided, the pricing and payment terms, the delivery or shipping arrangements, and any applicable warranties or guarantees. Additionally, the agreement may include provisions regarding dispute resolution and termination of the contract. It is important for both parties involved to carefully review and understand all the sections in order to ensure a clear and fair agreement is established.


Three Reasons Why You Need a Supply Agreement

There are three key reasons why having a supply agreement in Hawaii is crucial. Firstly, with a supply agreement, you can clearly outline and secure the terms of your business relationship with your suppliers. This ensures that both parties understand their roles and responsibilities, minimizing the risk of any misunderstandings or conflicts. Secondly, a supply agreement provides legal protection for your business. It can include clauses that protect your intellectual property, specify quality standards, and establish liability provisions, safeguarding your interests in case of any disputes. Lastly, a supply agreement guarantees a stable and consistent supply of goods or services, which is especially important in Hawaii due to its unique geographic location. Having a reliable supply chain ensures that your business operations run smoothly and efficiently without interruptions or delays.