HI STATEHawaii Supreme Court
1997

Tabieros v. Clark Equipment Co.

944 P.2d 1279Hawaii Supreme Court • Decided 1997Remanded
FLAGSHIPBroad IndemnificationCited 141 times

HOLDING

A worker was injured by a straddle carrier manufactured by Clark Equipment. The jury found Clark liable for strict product liability and negligent design based on defects that existed when the equipment was made. The Hawaii Supreme Court ruled that while manufacturers have no obligation to add safety equipment after a product leaves the factory, they are still responsible for design flaws present at the time of manufacture. The case was remanded for further proceedings on damages and other issues.

KEY FINDINGS

Broad Indemnification

Manufacturers cannot be sued for failing to retrofit existing equipment with new safety features after it's sold or delivered

FULL COURT OPINION