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CASE LAW I. IN GENERAL A. General Principles B. Other Remedies 1. Traditional Maritime Remedies 2. Federal Law Remedies 3 Remedies by State Law C. Foreign Involvement 1. In General 2. Place of Injury 3. Flag or Ownership of Vessel a. In General b. Foreign Ownership c. Foreign Vessels with American Interests 4. Nationality of Seaman 5. Other Factors II. PERSONS ABLE TO RECOVER A. Seamen 1. General Principles a. In General b. Status as Seaman 2. "Vessel in Navigation" a. In General b. Status of Vessel c. Particular Vessels 3. Particular Seamen B. Representatives of Seamen III. EMPLOYMENT A. In General B. Particular Entities as Employers C. In Course of Employment IV. NEGLIGENCE A. In General B. Vicarious Liability 1. In General 2 Particular Acts of Crew C. Circumstances of Injury 1. Assault a. In General b. Assaults Among Crew & Officers 2. Improper Supervision a. In General b. Particular Acts 3. Medical Care 4. Particular Properties of Vessel & Dock 5. Other Circumstances V. DEFENSES A. Seaman's Conduct 1. Comparative Negligence 2. Assumption of Risk 3. Particular Circumstances B. Release C. Limitations of Actions 1. Statutory Limitations 2. Laches D. Collateral Estoppel & Res Judicata E. Limitation of Liability F. Other Defenses VI. DAMAGES A. In General B. Damages for Injury 1. Elements of Damages 2 Award Deductions C. Wrongful Death 1. Elements of Damages 2. Computation of Award VII. PRACTICE & PROCEDURE A. State Court Actions B. Jurisdiction 1. In General 2. Bases of Jurisdiction C. Venue 1. In General 2. Bases of Venue 3 Forum Non Conveniens D. Election of Remedies 1. In General 2. Particular Remedies E. Institution of Action F. Pleadings and Motions 1. Complaint 2. Answer 3. Motions G. Removal and Remand H. Discovery I. Jury 1. Right To Jury Trial 2. Submission of Issues J. Evidence 1. In General 2. Plaintiff's Burden of Proof 3. Defendant's Burden 4. Admissibility K. Appeal and Review L. Settlement
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caused by the product. It should be noted, however, that there are
exceptions to this rule- for example, claims
against the City and County of Honolulu and
the various other Counties must be filed with the appropriate agency
within six (6) months of the date of the accident.
There are also some other exceptions which may
provide some additional time in certain cases, since some
dangerous products may cause injuries which do not appear
for years after exposure to the product and other dangerous
products may cause injuries which are not connected to the
product by medical science for years after the exposure.
Generally the date of the injury is not deemed to have occurred
until (1) exposure to the product, (2) injury from the product
and (3) reason to know of the connection between the exposure
and the injury- have all occurred. In some cases where a
manufacturer has deliberately misled the public as to the
safety of its product, the deadline for filing the
product liability/ defective product claim
may be longer still. You must file your claims in
court prior to the expiration of such deadlines, or your
claims may be lost—regardless of their merit.
To be wise it is recommended that you immediately contact an attorney
after an accident giving rise to injuries occurs- please do not
hesitate to :
poses an unreasonable risk of harm. A product may be defective
in design or in manufacture. The definition of a product
is pretty broad, and it can even include components of a
building such as an escalator. Leong
v. Sears Roebuck and Co.
Hawaii Supreme Court Case No. 20865 (December 14, 1998).
dangerous products - like aerosol cans-
which explode or otherwise injure users and/or bystanders, an appliance
or other electrical device which gives an electrical
shock or which ignites or causes nearby
materials to catch on fire, asbestos, medical devices which
fail or which otherwise cause serious injury, medications
with serious undisclosed side effects, vehicles which are
unsafe to operate, equipment which comes apart causing injury when used,
products which cause injury due to radiation exposure, equipment
without safety shields, childrens' toys which endanger the
child, furniture which comes apart or collapses during use,
highly flammable fabrics in clothing, products which violate
OSHA or other state or federal regulations, products which
fail to comply with UL or CPSC standards and products without
warnings of hidden dangers. 