Filing A Personal Injury Claim For A Product Liability

by | Jul 2, 2018 | Lawyer

In Hawaii, product liabilities emerge when a manufacturer releases a dangerous product for consumer use. Once a consumer sustains an injury while using the product, the individual has a legal right to file a lawsuit. A local attorney helps consumers file a Personal Injury Claim in Honolulu.

Is There an Existing Recall for the Product?

The first step for the attorney is to conduct a search and determine if an existing recall was issued for the product. If an existing recall is active, the attorney follows the current requirements for helping the consumer collect compensation. If a recall hasn’t been issued, the Consumer Rights Protection Agency is notified via a consumer report. The agency makes a determines after reviewing all information.

How Severe are the Consumer’s Injuries?

The severity of the consumer’s injuries plays a role in how much compensation they receive. The packaging for the product is reviewed to determine if the manufacturer warned the public about the specific outcome. If warnings and explicit use instructions weren’t provided, the manufacturer is liable for any injuries that are produced.

Filing a Lawsuit Against the Manufacturer

When filing a lawsuit against the manufacturer, the claimant must present the exact product they used. They cannot purchase a new product and use it in their claim. However, when the product is tested, it is compared to a new supply or model of the product. Forensic tests establish if the product caused the consumer’s injuries. The findings also define whether or not it was an isolated incident or if additional supplies of the product create the same outcome.

What Awards are Possible for Claimants?

The claimant receives monetary awards based on their financial losses. However, any permanent conditions or disabilities entitle the claimant to additional awards. The court determines the exact value of the compensation provided if the claimant wins.

In Hawaii, product liabilities are the direct result of a failure to protect consumers from dangerous outcomes. Manufacturers are required by law to test their products for flaws and issues that could cause consumer-based injuries. Consumers who need to start a Personal Injury Claim in Honolulu after using any product visit for details now.

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