Chapter 663
Tort Actions
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 Exception to liability for county lifeguard services
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 Hawaii 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).
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 Hawaii: Are Waivers Worth the Paper on Which They Are Written? 21 UH L. Rev. 715 (1999).
Hawaii’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 Hawaii’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 Hawaii Tort Law. 28 UH L. Rev. 429 (2006).
Hawaii’s Workers’ Compensation Scheme: An Employer’s License to Kill? 29 UH L. Rev. 211 (2006).
Medical Malpractice in Hawaii: 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 Hawaii 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).
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).