The top products liability lawyers in Hawaii
Products liability accident injury lawyers from Dr. Brad Bradshaw’s Law Firm work with pre-vetted/qualified Hawaii products liability lawyers and local attorneys as needed. When necessary, we can find an appropriate allied products liability injury attorney in rural Hawaii or one of the following cities: Urban Honolulu, East Honolulu, Pearl City, Hilo, Waipahu, and many others.
If you’ve been injured due to a product defect, Dr. Brad Bradshaw and his associates can evaluate your case and help you. We will work to put together a quality team for you to maximize your recovery.
Benefits of working with Dr. Brad Bradshaw's Law Firm
Pre-vetted Products Liability Injury Lawyers
Pre-vetted means “to check someone or something carefully to find out if they are acceptable or suitable for a particular job or use.” Dr. Brad Bradshaw takes the guesswork out of finding a quality, successful Hawaii products liability lawyer. We research, find and ally with products liability injury trial lawyers who have proven success and knowledge in these accident cases, both in settlements and litigation. Then we drill down deeper and find the right lawyer for the right location in Hawaii. So, you have a team highly focused on the needs of your case.
Experienced Products Liability Injury Lawyers
As part of our pre-vetting process, we look for products liability lawyers who have handled these types of cases before. You don’t want a lawyer “learning” with your case. You want a team that already knows what they are doing and has done it successfully before.
With Dr. Brad Bradshaw’s Law Firm, you will have a team that is here for you 24/7. We answer our phones all hours of the day and night. In emergency situations, our clients can get an answer fast. We stay on top of your case and move it as expeditiously as possible.
Nothing proves success like results. We keep track of the results of Hawaii lawyers we ally with and can provide you that list of results, settlements, and verdicts. This information is essential; the insurance companies keep these lists, often have more respect, and sometimes pay much larger settlements to Hawaii lawyers with a track record of large verdicts and settlements. Our job is to match you and your case to the right lawyer with proven success.
Our products liability law process
In Hawaii, Dr. Brad Bradshaw’s Law Firm allies with pre-vetted/qualified, experienced, and successful allied Hawaii products liability injury lawyers who are members of the Hawaii Association for Justice.
Our firm and allied lawyers have obtained products liability settlements and verdicts for clients ranging from thousands to millions of dollars. Our ultimate goal is an experienced, successful team for you, to give you the highest net recovery in your pocket.
Frequently Asked Questions
What is a products liability claim?
An individual may have a product liability claim if they have suffered an injury due to a product (or consumer purchased item) that has failed to operate in a reasonably safe manner. Product liability cases can include vehicles, such as defective seatbelts, a child’s toy that caused the child to choke, a household appliance that causes a fire, workplace equipment that failed to operate safely, and many other products which released for public consumption that resulted in an injury or death.
What are the different types of defects in a product liability case?
Three different types of defects may cause an injury.
- Manufacturing Defects: a manufacturing defect is when a problem with the product occurs during the assembly of the item.
- Design Defects: a design defect is when a problem with the product occurs during the engineering of the item.
- Marketing Defects: a marketing defect is when there is a failure to educate the consumer of the product’s potential risks.
- Failure to Warn: an injury results from a manufacturer’s failure to warn of a foreseeable danger, where the warning likely would have prevented injury.
What to do when you've been injured by a product?
Keep the defective product. It is often difficult to make a case if we do not have access to the device. Don’t destroy it, tamper with it, or change it. Also, do not let the manufacturer inspect it as they may tamper with it. We have experience in cases where the manufacturer sent an expert to “examine” the product. In the process of inspecting it tried to tamper with it and make it appear the user (injured party) had damaged the device.
Keep all of your medical appointments. Juries and insurance companies believe that injured people will keep their follow-up appointments. Additionally, in some states, the court can reduce your money recovery for failure to “mitigate” your damages. One way the drug companies argue a person failed to mitigate their damages is the failure to keep follow-up appointments.
What are the causes of action in product liability cases?
Causes of Action: Product liability holds the manufacturer or vendor of goods responsible for injuries caused by the defective merchandise they have sold, distributed or manufactured.
Product liability cases are typically based on 1 or more of 4 different theories:
- Negligence: this is the absence of or failure to exercise reasonable, ordinary care. If a manufacturer fails to take reasonable care in the production, design, or assembly of a product that causes harm, they can be held liable for that negligence. Some lawyers will also include “failure to warn” in this category.
- Breach of warranty: this is the failure of a seller of a product to fulfill the terms of a promise, claim, or representation made regarding the quality or type of product they are selling.
- Misrepresentation: advertising or promotion that gives consumers false security about the safety of a product or that intentionally draws away from its hazards of use. This also means the intentional concealment of the potential dangers of a product.
- Strict liability is not dependent on the degree of carefulness of the manufacturer, distributor, or seller. They are liable when a product is shown to be defective. The degree of care that the manufacturer or seller exercised is irrelevant. If the product caused harm, they would be liable for it. This is by far the strongest and most frequently used theory of product liability.
Contextualizing Products Liability Law
Companies are legally responsible for determining if their products are safe for consumers, and we know how devastating an injury due to their neglect can be. That’s why our team is dedicated to holding companies accountable for neglectfully releasing defective products to their consumers.
Each state, including Hawaii, has modified the rules surrounding product liability cases. Initially, English law would not allow a case to be brought for injuries sustained from a defective product. The current law for product liability developed in the United States. Unfortunately, big businesses took action to try and limit these lawsuits. The business community and insurance industries found the most success by challenging these actions at the state legislative level. That plus state court interpretation of the laws has made product liability a complex form of litigation.
It is essential to have a successful and experienced Hawaii product liability lawyer work with you in a product case if it will be litigated in Hawaii, whether in state court or at the federal level. These lawyers will know the details of the state laws and how they will affect your case. Also, insurance companies will look at the success of your legal team, including your in-state lawyer, to determine if they will settle and how much they will pay.
Lawyers with experience in product liability cases also have access to some of the best expert witnesses. In some types of product liability cases, the community of experts is small. These top experts sometimes only want to work with experienced and successful product liability lawyers. Also, these experts often know who the best lawyers are in their area of expertise and are more willing to get involved when these lawyers are involved. Our lawyers have successfully resolved product liability cases involving: talcum powder, round up, gm ignition failure, paraquat, window blind cord strangulation, fisher-price rock ‘n play, spray foam insulation, and peloton tread+ treadmill.
At Dr. Brad Bradshaw’s Law Firm, we also put together a team to help prove all your damages and thus aim for the largest possible recovery for our clients, one that includes future medical care needs as well as all other losses. These teams often have a life care planner who will put together a report setting out all likely future medical needs and costs.