2020 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
663. Tort Actions
- 663-1 Torts, who may sue and for what.
- 663-1.2 Tort liability for breach of contract; punitive damages.
- 663-1.3 "Ad damnum" clause prohibited.
- 663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.
- 663-1.5 Exception to liability.
- 663-1.6 Duty to assist.
- 663-1.7 Professional society; peer review committee; ethics committee; hospital or clinic quality assurance committee; no liability; exceptions.
- 663-1.8 Chiropractic society; peer review committee; no liability; exceptions.
- 663-1.9 Exception to liability for health care provider, authorized person withdrawing blood or urine at the direction of a police officer.
- 663-1.52 REPEALED.
- 663-1.53 Liability for operation of a family child care home.
- 663-1.54 Recreational activity liability.
- 663-1.55 Volunteer firefighters; limited liability.
- 663-1.56 Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks.
- 663-1.57 Owner to felon; limited liability. owner
- 663-1.95 Employers' job reference immunity.
- 663-2 Defense of lawful detention.
- 663-3 Death by wrongful act.
- 663-4 Actions which survive death of wrongdoer or other person liable.
- 663-5 Death of defendant, continuance of action.
- 663-6 Death of wrongdoer or other person liable prior to suit, time for commencing action against the estate.
- 663-7 Survival of cause of action.
- 663-8 Damages, future earnings.
- 663-8.3 Loss or impairment of earning capacity; damages.
- 663-8.5 Noneconomic damages; defined.
- 663-8.7 Limitation on pain and suffering.
- 663-8.9 Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury.
- 663-9 Liability of animal owners.
- 663-9.1 Exception of animal owners to civil liability.
- 663-9.5 Liability of firearm owners.
- 663-10 Collateral sources; protection for liens and rights of subrogation.
- 663-10.5 Government entity as a tortfeasor; abolition of joint and several liability.
- 663-10.6 Exemption for providing shelter and subsistence to the needy.
- 663-10.7 Exemption for providing emergency access to land, shelter, and subsistence during a disaster.
- 663-10.9 Abolition of joint and several liability; exceptions.
- 663-10.95 Motorsports facilities; waiver of liability.
- 663-10.98 Design professional liability; highways.
- 663-10.99 Trespass; limited liability of agricultural land owner.
- 663-11 Joint tortfeasors defined.
- 663-12 Right of contribution; accrual; pro rata share.
- 663-13 Judgment against one tortfeasor.
- 663-14 and 663-15 REPEALED.
- 663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.
- 663-16 Indemnity.
- 663-17 Third-party practice; enforcement of right to contribution; unnamed defendants and third-party defendants.
PROPERTY DAMAGE CASES
- 663-21 Advance payments not admission.
- 663-22 Reduction of award.
- 663-23 Refund of payments.
- 663-24 Effect on insurance.
UNDER AGE TWENTY-ONE 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.
Cross References
Emergency use of private real property, see chapter 135.
Law Journals and Reviews
Products Liability in Hawaii. 14 HBJ, no. 4, at 127 (1979).
The Negligent Infliction of Mental Distress II, or "How Far Is Too Far?". 14 HBJ, no. 4, at 151 (1979).
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).
Summaries of Hawai`i Tort Cases (2011). 15 HBJ, no. 13, at 111 (2013).
The Wavering Line Between Medical Malpractice and Ordinary Negligence in Elder Abuse Litigation. 18 HBJ, no. 13, at 81 (2015).
The Scope of Liability for Negligent Infliction of Emotional Distress: Making "the Punishment Fit the Crime". 1 UH L. Rev. 1 (1979).
Torts and Workers' Compensation. 2 UH L. Rev. 209 (1979).
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).
Kanahele v. Han: Economic Sufferings Legally Implies Non-Economic Sufferings. 34 UH L. Rev. 611 (2012).
State Search and Seizure: The Original Meaning. 38 UH L. Rev. 63 (2016).
Agricultural "Market Touching": Modernizing Trespass to Chattels in Crop Contamination Cases. 38 UH L. Rev. 409 (2016).
Regulating Ridesharing Platforms Through Tort Law. 39 UH L. Rev. 357 (2017).
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).
