HRS §490:2-722
Who can sue when someone damages goods in a sale
This section says who can sue a third party who damages goods that are part of a sale contract. The buyer or seller can sue if they own the goods, have a security interest, or have an insurable interest. If the goods are destroyed or taken, the person who bore the risk of loss can also sue.
buyerscreditorsdebtors
The statute, as written — Who can sue third parties for injury to goods
Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract: (a) A right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other; (b) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract; (c) Either party may with the consent of the other sue for the benefit of whom it may concern.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.