Report Title:

Joint and Several Liability

 

Description:

Abolishes joint and several liability with respect to all joint tortfeasors. Provides that where a government entity or any other person or entity, whether public or private, is a joint tortfeasor, that person is liable for no more than the percentage share of damages attributable to that person.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1421

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to torts.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 663-10.5, Hawaii Revised Statutes, is amended to read as follows:

"[[663-10.5[] Government entity as a tortfeasor;] Joint tortfeasors; abolition of joint and several liability. Notwithstanding [the provisions of] sections 663-11 to 663-17 and section 663-31, in any case where a government entity or any other person or entity, whether public or private, is determined to be a tortfeasor along with one or more other tortfeasors, [the government] that person or entity shall be liable for no more than that percentage share of the damages attributable to the [government] person or entity.

For purposes of this section, "government entity" means any unit of government in this State, including the State and any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government, or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county.

For purposes of this section, the liability of a government entity shall include its vicarious liability for the acts or omissions of its officers and employees."

SECTION 2. Section 663-10.9, Hawaii Revised Statutes, is amended to read as follows:

"[[663-10.9[]] Abolition of joint and several liability[; exceptions]. Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished [except in the following circumstances:

(1) For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons;

(2) For the recovery of economic and noneconomic damages against joint tortfeasors in actions involving:

(A) Intentional torts;

(B) Torts relating to environmental pollution;

(C) Toxic and asbestos-related torts;

(D) Torts relating to aircraft accidents;

(E) Strict and products liability torts; or

(F) Torts relating to motor vehicle accidents except as provided in paragraph (4);

(3) For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31. Where a tortfeasor's degree of negligence is less than twenty-five per cent, then the amount recoverable against that tortfeasor for noneconomic damages shall be in direct proportion to the degree of negligence assigned; and

(4) For recovery of noneconomic damages in motor vehicle accidents involving tort actions relating to the maintenance and design of highways including actions involving guardrails, utility poles, street and directional signs, and any other highway-related device upon a showing that the affected joint tortfeasor was given reasonable prior notice of a prior occurrence under similar circumstances to the occurrence upon which the tort claim is based. In actions in which the affected joint tortfeasor has not been shown to have had such reasonable prior notice, the recovery of noneconomic damages shall be as provided in paragraph (3).

(5) Provided, however, that joint and several liability for economic and noneconomic damages for claims against design professionals, as defined in chapter 672, and certified public accountants, as defined in chapter 466, is abolished in actions not involving physical injury or death to persons]."

SECTION 3. This Act shall apply only to causes of action based upon acts or omissions occurring after June 30, 2001.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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