Hawaii Revised Statutes 663. Tort Actions
PART I. LIABILITY; SURVIVAL OF ACTIONS
- 663-1 Torts, Who May Sue and for What.
Except as otherwise provided, all persons residing or being in the State shall be personally responsible in damages, for trespass or injury, whether direct...
- 663-1.2 Tort Liability for Breach of Contract; Punitive Damages.
No person may recover damages, including punitive damages, in tort for a breach of a contract in the absence of conduct that: (1) Violated...
- 663-1.3 "Ad Damnum" Clause Prohibited.
(a) Notwithstanding any other provision of law, in any action based on tort, including a medical tort as defined in section 671-1, to recover...
- 663-1.4 Payment of Reasonable Attorney's Fees and Costs in Defense of Suit.
In any case brought by one health care professional against another for defamation, damage to reputation, or any other loss resulting from information provided...
- 663-1.5 Exception to Liability.
(a) Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency...
- 663-1.6 Duty to Assist.
(a) Any person at the scene of a crime who knows that a victim of the crime is suffering from serious physical harm shall...
- 663-1.7 Professional Society; Peer Review Committee; Ethics Committee; Hospital or Clinic Quality Assurance Committee; No Liability; Exceptions.
(a) As used in this section: "Ethics committee" means a committee that may be an interdisciplinary committee appointed by the administrative staff of a...
- 663-1.8 Chiropractic Society; Peer Review Committee; No Liability; Exceptions.
(a) As used in this section: "Chiropractic society" or "society" means any association or other organization of persons engaged in the practice of chiropractic,...
- 663-1.9 Exception to Liability for Health Care Provider, Authorized Person Withdrawing Blood or Urine At the Direction of a Police Officer.
(a) Any health care provider who, in good faith in compliance with section 291E-21, provides notice concerning the alcohol concentration of a person's blood...
- 663-1.53 Liability for Operation of a Family Child Care Home.
(a) Where a family child care home is authorized and established in compliance with this section, the association shall not be liable for any...
- 663-1.54 Recreational Activity Liability.
(a) Any person who owns or operates a business providing recreational activities to the public, such as, without limitation, scuba or skin diving, sky...
- 663-1.55 Volunteer Firefighters; Limited Liability.
Any volunteer firefighter who in good faith renders firefighting services shall not be liable for any civil damages resulting from the person's acts or...
- 663-1.56 Conclusive Presumptions Relating to Duty of Public Entities to Warn of Dangers At Public Beach Parks.
(a) The State or county operating a public beach park shall have a duty to warn the public specifically of dangerous shorebreak or strong...
- 663-1.57 Owner to Felon; Limited Liability.
(a) An owner, including but not limited to a public entity, of any estate or any other interest in real property, whether possessory or...
- 663-1.95 Employers' Job Reference Immunity.]
(a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be...
- 663-2 Defense of Lawful Detention.
In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights, brought by any person...
- 663-3 Death by Wrongful Act.
(a) When the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased's legal representative, or...
- 663-4 Actions Which Survive Death of Wrongdoer or Other Person Liable.
All rights of action arising out of physical injury to the person or out of the death of a person as provided by section...
- 663-5 Death of Defendant, Continuance of Action.
In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided by section...
- 663-6 Death of Wrongdoer or Other Person Liable Prior to Suit, Time for Commencing Action Against the Estate.
In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided in section...
- 663-7 Survival of Cause of Action.
A cause of action arising out of a wrongful act, neglect, or default, except a cause of action for defamation or malicious prosecution, shall...
- 663-8 Damages, Future Earnings.
Together with other damages which may be recovered by law, the legal representative of the deceased person may recover where applicable under section 663-7...
- 663-8.3 Loss or Impairment of Earning Capacity; Damages.
(a) In all tort cases where damages are awarded for loss or impairment of earning capacity, the amount of probable future earnings shall be...
- 663-8.5 Noneconomic Damages; Defined.
(a) Noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss...
- 663-8.7 Limitation on Pain and Suffering.
[Repeal of section on October 1, 1995, by L 1993, c 238, §1 deleted by L 1995, c 130, §1.] Damages recoverable for pain...
- 663-8.9 Serious Emotional Distress Arising From Property Damage; Cause of Action Abolished; Exception for Physical Injury.
(a) No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out...
- 663-9 Liability of Animal Owners.
(a) The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable...
- 663-9.1 Exception of Animal Owners to Civil Liability.
(a) As used in this section: (1) "Premises" includes any building or portion thereof or any real property owned, leased, or occupied by the...
- 663-9.5 Liability of Firearm Owners.
(a) If a firearm discharges and the discharge of the firearm proximately causes either personal injury or property damage to any person, the owner...
- 663-10 Collateral Sources; Protection for Liens and Rights of Subrogation.
(a) In any civil action in tort, the court, before any judgment or stipulation to dismiss the action is approved, shall determine the validity...
- 663-10.5 Government Entity As a Tortfeasor; Abolition of Joint and Several Liability.
Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any case...
- 663-10.6 Exemption for Providing Shelter and Subsistence to the Needy.
(a) Any charitable or nonprofit organization that in good faith provides shelter or proper means of subsistence to needy persons as part of its...
- 663-10.7 Exemption for Providing Emergency Access to Land, Shelter, and Subsistence During a Disaster.
(a) Any owner of private property who in good faith provides emergency access to land, shelter, or subsistence, including food and water, to a person...
- 663-10.9 Abolition of Joint and Several Liability; Exceptions.
[Repeal of section on October 1, 1995, by L 1993, c 238, §1 deleted by L 1995, c 130, §1.] Joint and several liability...
- 663-10.95 Motorsports Facilities; Waiver of Liability.
(a) Any waiver and release, waiver of liability, or indemnity agreement in favor of an owner, lessor, lessee, operator, or promoter of a motorsports facility,...
- 663-10.98 Design Professional Liability; Highways.
(a) Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any...
- 663-10.99 Trespass; Limited Liability of Agricultural Land Owner.
(a) An owner of agricultural land shall not be liable for any injury, death, loss, or damage suffered by a trespasser on the owner's...
PART II. UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT
PART III. ADVANCE PAYMENTS IN PERSONAL INJURY AND
PROPERTY DAMAGE CASES
- 663-21 Advance Payments Not Admission.
In any action, including a medical tort, as defined in section 671-1, brought to recover damages for personal injuries, wrongful death or property damage...
- 663-22 Reduction of Award.]
If in such action it is determined that plaintiff is entitled to recover, defendant may introduce evidence of any advance payment made, and the...
- 663-23 Refund of Payments.]
If such action results in a final judgment for defendant, plaintiff, upon receipt of a written demand, shall refund to defendant or defendant's insurance...
- 663-24 Effect on Insurance.]
No advance payment made by an insurance company on behalf of an insured shall increase the limits of liability of the insurance company under...
PART IV. COMPARATIVE NEGLIGENCE
PART V. CIVIL ACTION; INTOXICATION OF PERSONS
UNDER AGE TWENTY-ONE
- 663-41 Right of Action.
(a) Any person twenty-one years or older who: (1) Sells, furnishes, or provides alcoholic beverages to a person under the age of twenty-one years; or...
- 663-42 Subrogation Claims Denied.
There shall be no recovery for any subrogation claim pursuant to any subrogation clause of an uninsured, underinsured, collision, or other first-party coverage as...
Part VI. LIMITATIONS ON PUBLIC ENTITY LIABILITY IN ACTIONS
BASED UPON DUTY TO WARN OF NATURAL CONDITIONS
Last modified: October 27, 2016