HI · jury_instructions
Haw. Civil Jury Instr. 11.14
RISK-UTILITY TEST
To prove that a product is defective in its design under
the Risk-Utility Test, plaintiff(s) must prove that the design
was a legal cause of the injuries and defendant(s) must fail to
prove that the benefits of the design outweigh the risk of
danger inherent in the design. In determining whether or not
the benefits of the design outweigh such risks, you may
consider, among other things:
1. The likelihood that the danger posed by the design
would cause injuries;
2. The probable severity of those injuries;
3. The feasibility of a safer alternative design at the
time that the product was manufactured;
4. The financial cost of an improved design; and
5. The adverse consequences, if any, to the product and
the user or consumer that would result from an alternative
design.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
4035fda50b5ddd8921804ba5596202fd105b68f72852208449da1e598db165b0
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