Chapter 663 — Chapter 663

PART I. LIABILITY; SURVIVAL OF ACTIONS §663-1 Torts, who may sue and for what. Except as otherwise provided, all persons residing or being in the State shall be personally responsible in damages, for trespass or injury, whether direct or consequential, to the person or property o…

§663-1.3 "Ad damnum" clause prohibited. (a) Notwithstanding any other provision of law, in any action based on tort, including a medical tort as defined in section 671-1, to recover damages for personal injuries or wrongful death, no complaint, counterclaim, cross claim or third …

§663-1.5 Exception to liability. (a) Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting fro…

§663-1.52 REPEALED. L 2014, c 98, §1.

§663-1.7 Professional society; peer review committee; ethics committee; hospital or clinic quality assurance committee; no liability; exceptions. (a) As used in this section: "Ethics committee" means a committee that may be an interdisciplinary committee appointed by the administ…

§663-1.8 Chiropractic society; peer review committee; no liability; exceptions. (a) As used in this section: "Chiropractic society" or "society" means any association or other organization of persons engaged in the practice of chiropractic, where a primary purpose of the society …

§663-1.9 Exception to liability for health care provider, authorized person withdrawing blood or urine at the direction of a police officer. (a) Any health care provider who, in good faith in compliance with section 291E-21, provides notice concerning the alcohol concentration of…

§663-10 Collateral sources; protection for liens and rights of subrogation. (a) In any civil action in tort, the court, before any judgment or stipulation to dismiss the action is approved, shall determine the validity of any claim of a lien against the amount of the judgment or …

§663-10.6 Exemption for providing shelter and subsistence to the needy. (a) Any charitable or nonprofit organization that in good faith provides shelter or proper means of subsistence to needy persons as part of its bona fide and customary charitable activities, rendered without …

§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:

PART II. UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT §663-11 Joint tortfeasors defined. For the purpose of this part the term "joint tortfeasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has be…

§663-12 Right of contribution; accrual; pro rata share. [(a)] The right of contribution exists among joint tortfeasors. [(b)] A joint tortfeasor is not entitled to a money judgment for contribution until the joint tortfeasor has by payment discharged the common liability or has p…

§663-13 Judgment against one tortfeasor. The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors. [L 1941, c 24, §3; RL 1945, §10489; RL 1955, §246-12; HRS §663-13]

§§663-14 and 663-15 REPEALED. L 2001, c 300, §§3, 4.

§663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement. (a) A release, dismissal with or without prejudice, or a covenant not to sue or not to enforce a judgment that is given in good faith under subsection (b) to one or more joint tortfeasors, or to one or more…

§663-16 Indemnity. This part does not impair any right of indemnity under existing law. [L 1941, c 24, §6; RL 1945, §10492; RL 1955, §236-15; HRS §663-16]

§663-17 Third-party practice; enforcement of right to contribution; unnamed defendants and third-party defendants. (a) A pleader may, as provided by the rules of court, bring in as a third-party defendant a person not a party to the action who is or may be liable to the pleader o…

§663-2 Defense of lawful detention. [(a)] In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights, brought by any person by reason of having been detained on or in the immediate vicinity of th…

[PART III. ADVANCE PAYMENTS IN PERSONAL INJURY AND PROPERTY DAMAGE CASES] §663-21 Advance payments not admission. In any action, including a medical tort, as defined in section 671-1, brought to recover damages for personal injuries, wrongful death or property damage no payment m…

[§663-23 Refund of payments.] If such action results in a final judgment for defendant, plaintiff, upon receipt of a written demand, shall refund to defendant or defendant's insurance company any advance payment made to or for the plaintiff by defendant or defendant's insurance c…

[§663-24 Effect on insurance.] No advance payment made by an insurance company on behalf of an insured shall increase the limits of liability of the insurance company under any existing policy of insurance, and the amount of any advance payment made in respect to any claim shall …

§663-3 Death by wrongful act. (a) When the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased's legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or a…

[PART IV.] COMPARATIVE NEGLIGENCE §663-31 Contributory negligence no bar; comparative negligence; findings of fact and special verdicts. (a) Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negl…

§663-4 Actions which survive death of wrongdoer or other person liable. All rights of action arising out of physical injury to the person or out of the death of a person as provided by section 663-3, shall survive, notwithstanding the death of the wrongdoer or any other persons w…

§663-5 Death of defendant, continuance of action. In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided by section 663-3 dies after action has been instituted against the wrongdoer or other person therefor, the acti…

§663-6 Death of wrongdoer or other person liable prior to suit, time for commencing action against the estate. In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided in section 663-3 dies before an action has been br…

§663-7 Survival of cause of action. A cause of action arising out of a wrongful act, neglect, or default, except a cause of action for defamation or malicious prosecution, shall not be extinguished by reason of the death of the injured person. The cause of action shall survive in…

§663-8 Damages, future earnings. Together with other damages which may be recovered by law, the legal representative of the deceased person may recover where applicable under section 663-7 the future earnings of the decedent in excess of the probable cost of the decedent's own ma…

§663-9.1 Exception of animal owners to civil liability. (a) As used in this section: "Enter or remain unlawfully" means to be in or upon premises when the person is not licensed, invited, or otherwise privileged to be upon the premises. A person is not licensed or privileged to e…

§663-9.5 Liability of firearm owners. (a) If a firearm discharges and the discharge of the firearm proximately causes either personal injury or property damage to any person, the owner of the firearm shall be absolutely liable for the damage. (b) It shall be an affirmative defens…