Hawaii Revised Statutes 663. Tort Actions

PART I. LIABILITY; SURVIVAL OF ACTIONS

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

Note

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

Exception to liability for county lifeguard services (repealed June 30, 2017). L 2002, c 170, 5; L 2007, c 152, 4; L 2009, c 81, 2; L 2014, c 98, 1.

Cross References

Emergency use of private real property, see chapter 135.

Law Journals and Reviews

Hawaii's Loss of Consortium Doctrine: Our Substantive, Relational Interest Focus. VII HBJ, no. 13, at 59 (2003).

Settling Civil Lawsuits in the Hawaii Circuit Courts. 10 HBJ, no. 13, at 1 (2007).

Managing a Complex Construction Defect Case. 10 HBJ, no. 13, at 133 (2007).

Tort Case Summaries. 13 HBJ, no. 13, at 1 (2009).

The Hawai i Law on Legal Malpractice and Liability to Non-Clients. 13 HBJ, no. 13, at 41 (2009).

Is it the Deep Six for "Deepening Insolvency?" 13 HBJ, no. 13, at 155 (2009).

Pitfalls in the Collaboration of Attorneys and Expert Witnesses. 13 HBJ, no. 13, at 173 (2009).

Products Liability in Hawaii. 14 HBJ 127.

The Negligent Infliction of Mental Distress II, or "How Far Is Too Far?". 14 HBJ 151.

The Scope of Liability for Negligent Infliction of Emotional Distress: Making "the Punishment Fit the Crime". 1 UH L. Rev. 1.

Torts and Workers' Compensation. 2 UH L. Rev. 209.

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

Beyond Compensation: Dealing with Accidents in the 21st Century. (International Workshop). 15 UH L. Rev. 523 (1993).

AIDS Phobia: The Infliction of Emotional Distress and the Fear of AIDS. 16 UH L. Rev. 143 (1994).

United States v. Burke and Internal Revenue Code Section 104(a)(2): When Will Personal Injury Damages Be Taxed? 16 UH L. Rev. 263 (1994).

Recreational Activity Liability in Hawai i: Are Waivers Worth the Paper on Which They Are Written? 21 UH L. Rev. 715 (1999).

Hawai i's Response to Strategic Litigation Against Public Participation and the Protection of Citizens' Right to Petition the Government. 24 UH L. Rev. 411 (2001).

Child Pornography on the Internet: The Effect of Section 230 of the Communications Decency Act of 1996 on Tort Recovery for Victims Against Internet Service Providers. 24 UH L. Rev. 763 (2002).

Fido Seeks Full Membership In The Family: Dismantling The Property Classification of Companion Animals By Statute. 25 UH L. Rev. 481 (2003).

Scientific Expert Admissibility in Mold Exposure Litigation: Establishing Reliability of Methodologies in Light of Hawai i's Evidentiary Standard. 26 UH L. Rev. 99 (2003).

Don't Smile, Your Image Has Just Been Recorded on a Camera-Phone: The Need For Privacy in the Public Sphere. 27 UH L. Rev. 377 (2005).

Global Warming: Attorneys General Declare Public Nuisance. 27 UH L. Rev. 525 (2005).

Extending Loss of Consortium to Reciprocal Beneficiaries: Breaking the Illogical Boundary Between Severe Injury and Death in Hawai i Tort Law. 28 UH L. Rev. 429 (2006).

Hawai i's Workers' Compensation Scheme: An Employer's License to Kill? 29 UH L. Rev. 211 (2006).

Medical Malpractice in Hawai i: Tort Crisis or Crisis of Medical Errors? 30 UH L. Rev. 167 (2007).

From Anti-Injunction to Radical Reform: Proposing a Unifying Approach to Class-Action Adjudication. 31 UH L. Rev. 155 (2008).

Electronic Discovery: A Call for a New Rules Regime for the Hawai i Courts. 32 UH L. Rev. 153 (2009).

Plausibility of Notice Pleading: Hawaii's Pleading Standards in the Wake of Ashcroft v. Iqbal. 32 UH L. Rev. 485 (2010).

Case Notes

County fulfilled its duty of providing adequate warning of extremely dangerous shorebreak present at beach park on date of accident. 122 F. Supp. 2d 1140 (2000).

Plaintiff's claims of neglect, abuse, and failure to provide a safe home against care home defendants did not constitute "medical torts" within the meaning of 671-1; thus, plaintiff was not required to submit plaintiff's claims to a medical claims conciliation panel (MCCP) pursuant to 671-12 and 671-16 as a condition for plaintiff to file suit against defendants, and the circuit court erred in dismissing plaintiff's suit based on plaintiff's failure to submit plaintiff's claims to a MCCP. 128 H. 405 (App.), 289 P.3d 1041 (2012).

Last modified: October 27, 2016