§490:2-318 Third party beneficiaries of warranties express or implied. A seller's warranty whether express or implied extends to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by breach of the warranty. A seller may not exclude or limit the operation of this section with respect to injury to the person of an individual to whom the warranty extends. L 1965, c 208, §2-318; HRS §490:2-318; am L 1969, c 101, §1
Case Notes
Plaintiff's claims for breach of express and implied warranties against pesticide manufacturer under Hawaii law were not preempted by Federal Insecticide, Fungicide, and Rodenticide Act, as based on labeling requirements, since those claims were derived solely from manufacturer, the warrantor, and were not imposed by state law. 153 F. Supp. 3d 1270 (2015).
Although plaintiff's pacemaker did not malfunction, it was in a defective and therefore unmerchantable condition sufficient to support action for breach of implied warranty of merchantability. 74 H. 1, 837 P.2d 1273.