[481K-5] Other remedies. (a) Nothing in this chapter shall in any way limit the rights or remedies available to consumers, or to the State under any other law.

(b) Any agreement entered into by a consumer for the purchase or lease of an assistive device that waives, limits, or disclaims any of the rights set forth in this chapter shall be void as contrary to public policy.

(c) In addition to pursuing other remedies, a consumer may bring an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court may determine is appropriate. A failure by a manufacturer to provide the warranty required by section 481K-2 or the notice provided by section 481K-4 shall constitute prima facie evidence of an unfair or deceptive act or practice under chapter 480. Any action brought under this chapter by a consumer must be initiated within one year following the expiration of the warranty period. [L 1997, c 282, pt of 1]

 

Case Notes

 

Where plaintiff ultimately prevailed on the principal issues on appeal concerning the definition of "nonconformity" in 481K-1 and whether defendant was given a reasonable opportunity to repair the nonconformity, plaintiff was the "prevailing party" for purposes of awarding appellate costs and attorney fees; as subsection (c) allows a court to award "reasonable attorney fees" stemming from proceedings at both the trial and appellate levels, and plaintiff provided a list of requested fees in accordance with HRAP rule 39(d)(1) which were not objected to by defendant, plaintiff's request for attorney's fees was granted. 120 H. 257, 204 P.3d 476 (2009).

Notwithstanding seller's failure to provide buyer with the required written warranty of fitness for ordinary purposes under 481K-2(a), where buyer failed to establish that buyer suffered any damages caused by that violation, the violation did not support the trial court's award of damages in the case. 118 H. 285 (App.), 188 P.3d 799 (2008).

 

 

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