Title 36, Civil Remedies And Defenses And Special Proceedings

§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…

[§663-1.53] Liability for operation of a family child care home. (a) Where a family child care home is authorized and established in compliance with this section, the association shall not be liable for any claims or causes of action for any injury to a child that is subject to t…

[§663-1.54] Recreational activity liability. (a) Any person who owns or operates a business providing recreational activities to the public, such as, without limitation, scuba or skin diving, sky diving, bicycle tours, and mountain climbing, shall exercise reasonable care to ensu…

[§663-1.55] Volunteer firefighters; limited liability. Any volunteer firefighter who in good faith renders firefighting services shall not be liable for any civil damages resulting from the person's acts or omissions occurring during the course of firefighting, except for such da…

[§663-1.56] Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks. (a) The State or county operating a public beach park shall have a duty to warn the public specifically of dangerous shorebreak or strong current in the ocean adjacen…

[§663-1.57] Owner to felon; limited liability. (a) An owner, including but not limited to a public entity, of any estate or any other interest in real property, whether possessory or nonpossessory, or any agent of the owner lawfully on the premises by consent of the owner, shall …

[§663-1.6] Duty to assist. (a) Any person at the scene of a crime who knows that a victim of the crime is suffering from serious physical harm shall obtain or attempt to obtain aid from law enforcement or medical personnel if the person can do so without danger or peril to any pe…

§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…

[§663-1.95 Employers' job reference immunity.] (a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have a qualified immunity from civil liability for d…

§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 …

[§663-10.4] Liability of the State or county repair or maintenance of certain streets. [Section repealed July 1, 2030. L 2025, c 200, §4.] (a) The State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county. …

§663-10.5 Government entity as a tortfeasor; abolition of joint and several liability. (a) Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any case where a government entity is determi…

§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 …

[§663-10.7] Exemption for providing emergency access to land, shelter, and subsistence during a disaster. (a) Any owner of private property who in good faith provides emergency access to land, shelter, or subsistence, including food and water, to a person during a disaster withou…

§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:

§663‑10.95 Motorsports facilities; waiver of liability. (a) Any waiver and release, waiver of liability, or indemnity agreement in favor of an owner, lessor, lessee, operator, or promoter of a motorsports facility, which releases or waives any claim by a participant or anyone cla…

[§663-10.98] Design professional liability; highways. (a) Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any case involving tort claims relating to the design, construction, and maint…

[§663‑10.99] Trespass; limited liability of agricultural land owner. (a) An owner of agricultural land shall not be liable for any injury, death, loss, or damage suffered by a trespasser on the owner's agricultural land, unless the injury, death, loss, or damage was: (b) For purp…

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]

§663-15.5 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…

[§663-22 Reduction of award.] If in such action it is determined that plaintiff is entitled to recover, defendant may introduce evidence of any advance payment made, and the court shall reduce the award to the plaintiff to the extent that said award includes an amount paid by any…

[§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…

[PART V.] CIVIL ACTION; INTOXICATION OF PERSONS UNDER AGE TWENTY-ONE [§663-41] Right of action. (a) Any person twenty-one years or older who: shall be liable for all injuries or damages caused by the intoxicated person under twenty-one years of age. (b) This section shall not app…

[§663-42] Subrogation claims denied. There shall be no recovery for any subrogation claim pursuant to any subrogation clause of an uninsured, underinsured, collision, or other first-party coverage as a result of payments made to persons who have claims that arise in whole or in p…

§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…

[Part VI.] LIMITATIONS ON PUBLIC ENTITY LIABILITY IN ACTIONS BASED UPON DUTY TO WARN OF NATURAL CONDITIONS [§663-51] Definitions. As used in this part: "Board" means the board of land and natural resources. "Improved public lands" means lands designated as part of the state park …

[§663-52] Conclusive presumptions relating to duty of public entities to warn of dangers on improved public lands. (a) A sign or signs warning of dangerous natural conditions on improved public lands shall be conclusively presumed to be legally adequate warning of the dangerous n…

§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…

[§663-8.3] Loss or impairment of earning capacity; damages. (a) In all tort cases where damages are awarded for loss or impairment of earning capacity, the amount of probable future earnings shall be determined by taking into account the effect of probable taxes. (b) Nothing in t…

[§663-8.5] Noneconomic damages; defined. (a) Noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims. (b) Pain and s…

[§663-8.7] Limitation on pain and suffering. Damages recoverable for pain and suffering as defined in section 663-8.5 shall be limited to a maximum award of $375,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2). [L Sp 1986, c 2,…

[§663-8.8] Limitation on aggregate liability; electric utilities. (a) The aggregate liability of an electric utility, including its affiliates, collectively, for qualifying damages arising from a covered catastrophic wildfire shall not exceed the least of the maximum payable amou…