CHAPTER 663

TORT ACTIONS

 

Part I. Liability; Survival of Actions

Section

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

663-1.52 Repealed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

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 view 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

663-1.95 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

 

Part II. Uniform Contribution Among Tortfeasors Act

663-11 Joint tortfeasors defined

663-12 Right of contribution; accrual; pro rata share

663-13 Judgment against one tortfeasor

663-14, 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

 

Part III. Advance Payments in Personal Injury and

Property Damage Cases

663-21 Advance payments not admission

663-22 Reduction of award

663-23 Refund of payments

663-24 Effect on insurance

 

Part IV. Comparative Negligence

663-31 Contributory negligence no bar; comparative

negligence; findings of fact and special verdicts

 

Part V. Civil Action; Intoxication of Persons

Under Age Twenty-One

663-41 Right of action

663-42 Subrogation claims denied

 

Part VI. Limitations on Public Entity Liability in

Actions Based Upon Duty to Warn of Natural

Conditions

663-51 Definitions

663-52 Conclusive presumptions relating to duty of public

entities to warn of dangers on improved public lands

 

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).

 

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