Report Title:

Torts; Products Liability; Defective Products

Description:

Provides that in products liability claims, the plaintiff has the burden of demonstrating that a product is defective by showing that a harm occurred when the product was used in a reasonable manner, the plaintiff took reasonable precautions, and the product did not perform as reasonably expected.

 

THE SENATE

S.B. NO.

1544

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to torts.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- Products liability; defects; burden of proof. In any case involving a products liability claim brought in any court of competent jurisdiction in this State, a plaintiff shall have the burden of demonstrating by a preponderance of the evidence that a product is defective by showing that a harm occurred when:

(1) The product was used in a reasonable manner;

(2) The plaintiff took reasonable precautions; and

(3) The product did not perform as reasonably expected."

SECTION 2. This Act shall apply only to causes of action based upon acts or omissions occurring on or after its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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