2015 Hawaii Revised Statutes
663. Tort Actions
663-1.6 Duty to assist.

HI Rev Stat § 663-1.6 (2015) What's This?

[§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 obtain or attempt to obtain aid from law enforcement or medical personnel if the person can do so without danger or peril to any person. Any person who violates this subsection is guilty of a petty misdemeanor.

(b) Any person who provides reasonable assistance in compliance with subsection (a) shall not be liable in civil damages unless the person's acts constitute gross negligence or wanton acts or omissions, or unless the person receives or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a physician licensed to practice under the laws of this State committed in the ordinary course of the physician's practice.

(c) Any person who fails to provide reasonable assistance in compliance with subsection (a) shall not be liable for any civil damages. [L 1984, c 140, §1]

Case Notes

Section imposes on the perpetrator of a crime a duty to obtain necessary medical aid for the victim. 73 H. 236, 831 P.2d 924.

Where evidence that child was a victim of battered child syndrome was relevant to show that child's death was not an accident, but the result of an intentional, knowing or reckless criminal act, giving rise to a duty on defendant's part to obtain medical care for child pursuant to this section, trial court did not err in admitting expert testimony that child was a victim of battered child syndrome. 101 H. 332, 68 P.3d 606 (2003).

This section and the Hawaii supreme court's ruling in Moyle v. Y & Y Hyup Shin, Corp. did not apply where decedent accessed the rooftop of respondent mall owner's mall, entered into and became trapped in an exhaust duct above the food court, and later died, because the instant case did not involve actions by a third party. 130 H. 262, 308 P.3d 891 (2013).

Applicable to the perpetrator of a crime. 8 H. App. 506, 810 P.2d 672.

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