Chapter 662
State Tort Liability Act
CHAPTER 662
STATE TORT LIABILITY ACT
Section
662-1 Definitions
662-2 Waiver and liability of State
662-3 Jurisdiction
662-4 Statute of limitations
662-5 Jury
662-6 Pleadings, trial and appeal
662-7 Attorney general
662-8 Interest
662-9 Costs
662-10 Judgment as bar
662-11 Compromise
662-12 Attorney’s fees
662-13 No awards except upon legal evidence
662-14 Exclusiveness of remedy
662-15 Exceptions
662-16 Defense of state employees
662-17 Benefits and obligations of parents of minor employees
662-18 Conclusive presumptions; unexploded ordnance on
Kahoolawe and in the ocean adjacent to Kahoolawe
662-19 Limited liability for skateboarding activities in
public skateboard parks
Cross References
Government entity as a tortfeasor; abolition of joint and several liability, see §663-10.5.
Law Journals and Reviews
Tort and Insurance “Reform” in a Common Law Court. 14 UH L. Rev. 55 (1992).
Ala Loop and the Private Right of Action Under Hawaii Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
Case Notes
Determination of whether a state function is discretionary, discussed. 71 H. 581, 799 P.2d 959 (1990).
Counties do not fall within the ambit of the State Tort Liability Act; §46-72 is the statute of limitations applicable to actions against the counties. 104 H. 341, 90 P.3d 233 (2004).
Petitioner’s claim for alleged negligence by the department of education (DOE) in evaluating petitioner’s proposal, and in deciding the dispute with petitioner, was barred under this chapter because the DOE’s conduct was not analogous to “a recognized claim for relief against a private person”; petitioner did not identify circumstances under which a private party could be sued for negligently applying the law, rules, or a request for proposals in awarding a government contract. 127 H. 263, 277 P.3d 988 (2012).
State has not waived sovereign immunity from 42 U.S.C. §1983 actions. 6 H. App. 397, 721 P.2d 165 (1986).