Hawaii Revised Statutes 662. State Tort Liability Act

  • 662-1 Definitions.
    As used in this chapter the term: "Acting within the scope of the employee's office or employment", in the case of a member of...
  • 662-2 Waiver and Liability of State.
    The State hereby waives its immunity for liability for the torts of its employees and shall be liable in the same manner and to...
  • 662-3 Jurisdiction.
    The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of...
  • 662-4 Statute of Limitations.
    A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the...
  • 662-5 Jury.
    Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent...
  • 662-6 Pleadings, Trial and Appeal.
    The Hawaii Rules of Civil Procedure and the District Court Rules of Civil Procedure as applicable shall be followed in any action under this...
  • 662-7 Attorney General.
    The State shall be represented by the attorney general of the State in all actions under this chapter. [L 1957, c 312, pt of...
  • 662-8 Interest.
    On all final judgments rendered against the State in actions instituted under this chapter, interest shall be computed at the rate of four per...
  • 662-9 Costs.
    In an action under this chapter, court costs and fees as set by law may be allowed to the prevailing party. [L 1957, c...
  • 662-10 Judgment As Bar.
    The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same...
  • 662-11 Compromise.
    (a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter. (b) Claims arbitrated, compromised, or settled by the attorney...
  • 662-12 Attorney's Fees.
    The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may,...
  • 662-13 No Awards Except Upon Legal Evidence.
    In no case shall any liability be implied against the State, and no award shall be made against the State except upon such legal...
  • 662-14 Exclusiveness of Remedy.
    The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize...
  • 662-15 Exceptions.
    This chapter shall not apply to: (1) Any claim based upon an act or omission of an employee of the State, exercising due care,...
  • 662-16 Defense of State Employees.
    The attorney general may defend any civil action or proceeding brought in any court against any employee of the State for damage to property...
  • 662-17 Benefits and Obligations of Parents of Minor Employees.
    All benefits and obligations conferred or imposed upon employees of the State by this chapter are conferred or imposed upon the parents or legal guardians...
  • 662-18 Conclusive Presumptions; Unexploded Ordnance on Kaho‘olawe and in the Ocean Adjacent to Kaho‘olawe.
    (a) The State shall have a duty to warn persons who enter the Kaho‘olawe island reserve specifically of the dangers posed by unexploded ordnance...
  • 662-19 Limited Liability for Skateboarding Activities in Public Skateboard Parks.
    (a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park,...

Law Journals and Reviews

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992).

Ala Loop and the Private Right of Action Under Hawai i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).

Case Notes

Determination of whether a state function is discretionary, discussed. 71 H. 581, 799 P.2d 959.

Counties do not fall within the ambit of the State Tort Liability Act; 46-72 is the statute of limitations applicable to actions against the counties. 104 H. 341, 90 P.3d 233 (2004).

State has not waived sovereign immunity from 42 U.S.C. section 1983 actions. 6 H. App. 397, 721 P.2d 165.

Petitioner's claim for alleged negligence by the department of education (DOE) in evaluating petitioner's proposal, and in deciding the dispute with petitioner, was barred under this chapter because the DOE's conduct was not analogous to "a recognized claim for relief against a private person"; petitioner did not identify circumstances under which a private party could be sued for negligently applying the law, rules, or a request for proposals in awarding a government contract. 127 H. 263, 277 P.3d 988 (2012).

Last modified: October 27, 2016