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The Law Offices of Sherry P. Broder believes when products injure a person, enforcement of manufacturers’ legal accountability to consumers helps make products safer and better for all of us.
Under Hawaii law, there are three legal areas in which a manufacturer may be liable for injury or death caused by a defective product:
1. Negligence
A manufacturer may be liable for injury or death caused by failure to exercise ordinary care in any of several ways, including:
- Negligent design;
- Failure to adequately test and inspect;
- Failure to provide adequate instructions, warnings, and/or labels;
- Failure to issue an adequate recall notice; and
- Strict Liability. If a product is defective, the manufacturer may be held liable for resulting injury or damage, even without proof of negligence.
2. Strict Liability
The manufacturer of any personal property sold as new property directly or through a dealer or any other person may be liable to a person who suffers an injury to their person or property.
3. Implied Warranties
- Implied warranty of merchantability. The product must be fit for purposes intended by the seller; and
- Implied warranty of fitness for a particular purpose. The product must be fit for the buyer's intended use which was known to the seller.
For product liability cases, the Law Offices of Sherry P. Broder selects the best experts to analyze defective products to fight for the rights of our clients.
In 1986 Ms. Broder negotiated a $4 million settlement
for consumers when unlawful
levels of the pesticide heptachlor were found in Hawaii commercial milk supplies.
Sherry Broder achieved the setting of new standards of purity for milk maintained
by the industry, and with the settlement funds established a non-profit corporation
to study the health effects of exposure to the pesticide.
November 30, 1998
Honolulu Star-Bulletin
Defective products
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Heptachlor study will track isle students
Sherry Broder, attorney who handled the lawsuit, said the study is part of a $4 million settlement to claims made from the heptachlor exposure.
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November 1988
Honolulu magazine
Defective products
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Kids and heptachlor: What's in the future?
What Broder did with the $4 million settlement set a precedent for toxic chemical law suits and was written up in the Harvard Environmental Law Review; The money went to the Hawaii Heptachlor Research & Education Foundation, a non-profit institution set up under court supervision to conduct medical monitoring programs, focused primarily on the 80,000 Oahu children, now aged 6 to 11, who are most at risk.
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February 1987
Honolulu magazine
Defective products
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Heptachlor: the $4 million sequel
Broder has won a $ 1 million settlement from Foremost and another $3 million from Meadow Gold. The $4 million will be used for a medical monitoring program designed to discover what effects drinking contaminated milk had on Hawaii's population.
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For a FREE First Consultation, Contact:
Davies Pacific Center
Suite 800
841 Bishop Street
Honolulu, Hawaii 96813
 map
Phone: (808) 531-1411
Fax: (808) 531-8411
sherrybroder@sherrybroder.com
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