Hawaii Revised Statutes

Haw. Rev. Stat. § 490:2-318 (2026)

Third party beneficiaries of warranties express or implied

✓ current as of July 2026

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§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.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1992–2025 · leading case: Larsen v. Pacesetter Sys., Inc., 837 P.2d 1273 (Haw. 1992).

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Larsen v. Pacesetter Sys., Inc., 837 P.2d 1273 (Haw. 1992). · cites it 3× “” HRS § 490:2-318 (1985). “An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.”

Ansagay v. Dow Agrosciences LLC, 153 F. Supp. 3d 1270 (D. Haw. 2015). · cites it 2× “Ansagay asserts claims for the breach of express and implied warranties pursuant to Haw. Rev. Stat. § 490:2-318 . Haw. Rev. Stat.”

Minnesota Mining & Mfg. Co. v. Nishika Ltd., 565 N.W.2d 16 (Minn. 1997). “6, *20 § 2-318 (1993) (limiting its reach to natural persons); Haw.Rev.Stat. § 490:2-318 (1993); Iowa Code Ann.”

Bennett v. Poipu Resort, Partners, L.P. (D. Haw. 2021). “Haw. Rev. Stat. § 490:2-318 (2019). The Uniform Commercial Code Comments to Hawaii Revised Statute § 490:2-318 explain that “[t]he last sentence of this section does not mean that a seller is precluded from excluding or disclaiming a warranty which might otherwise arise in…”

ABP Pearl Highlands LLC v. Tigo Energy, Inc. (D. Haw. 2025). “” Haw. Rev. Stat. § 490:2-318 . As the lessee of the System that utilized the RSDs, Defendant’s warranties therefore extend to Plaintiff.”

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