Product Liability

Hawaii courts have recognized a public interest in human life and safety which requires protection against dangerous defects. One who sells or leases a product may be liable for claims arising from a defective product sold to consumers. If a product is expected to and does reach the user or consumer without substantial change in its condition after it is sold or leased and if the seller or lessor is engaged in the business of selling or leasing such product, the seller or lessor may be liable for physical harm caused by the defective product to the ultimate user or consumer, or to his or her property. Proof of defect and causation may be provided by expert testimony or by circumstantial evidence.

PCA