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Leong v. Sears Roebuck and Company12/14/1998
have allegedly created a component part that has "merely [been] incorporated into something larger [without] change in the component part itself[;] [accordingly,] strict liability is applicable." See Kaneko, 65 Haw. at 456, 654 P.2d at 349. On this record, the public policy considerations articulated in Stewart and its progeny would be furthered by applying the doctrine to Westinghouse and Schindler. Such an application affords maximum protection to persons injured by defective products. Westinghouse and Schindler, the alleged commercial manufacturer and distributor, are positioned most appropriately to bear the burden of shouldering the risk of accidental injuries caused by defective escalators as a cost of doing business. And, finally, applying the doctrine of strict products liability to Westinghouse and Schindler in this instance creates "an incentive to guard against . . . defects in the future." See Stewart, 52 Haw. at 75, 470 P.2d at 243 (footnote omitted).
III. CONCLUSION
For the reasons discussed above, we hold that the escalator at issue in the present matter is not a "product" for purposes of Leong's claim against Sears, but that the escalator is a "product" for purposes of Leong's claims against Westinghouse and Schindler.
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