reglab/housing_qa huggingface dataset:
HI Rev Stat § 663-10.99 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-10.99 Trespass; limited liability of agricultural land owner.

 §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:  (1) Intentionally inflicted upon the trespasser by the owner of the land; or  (2) Caused by the gross negligence of the owner of the land.  (b) For purposes of this section, unless the context otherwise requires:  "Agricultural land" means any land in excess of four acres used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land.  "Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.  "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, family, organization, entity, or corporation that is in control, possession, or use of the land, and their members, agents, partners, representatives, shareholders, and employees.  "Trespasser" means a person who enters or remains unlawfully on the agricultural land without the permission of the owner, and the lands:  (1) Are fenced, enclosed, secured in a manner designed to exclude the general public, or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle used to secure livestock;  (2) Have a sign or signs displayed on the land that are sufficient to give reasonable notice and that read as follows: "No Trespassing" or a substantially similar message; provided that the sign or signs shall consist of letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or  (3) At the time of entry, are fallow or have a visible presence or evidence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:  (A) Under cultivation;  (B) In the process of being harvested; or  (C) That has been harvested. [L 2011, c 208, §3]
HI Rev Stat § 663-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-11 Joint tortfeasors defined.

Case Notes Joint and several liability imposed on asbestos manufacturers in products liability action. 960 F.2d 806 (1992).  Discussed, where defendant did not have a right of contribution for intentional torts alleged in the complaint against it. 293 F. Supp. 2d 1144 (2003).  §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 been recovered against all or some of them. [L 1941, c 24, §1; RL 1945, §10487; RL 1955, §246-10; HRS §663-11] Rules of Court  Parties, see HRCP rules 19, 20; DCRCP rule 20. Law Journals and Reviews  Ozaki and Comparative Negligence: Imposing Joint Liability Where a Duty to Protect or Prevent Harm from Third Party Intentional Tortfeasors Exits Is Fairer to Plaintiffs and Defendants. 26 UH L. Rev. 575 (2004). Case Notes  As to rights of the children against driver of other car. 244 F.2d 604 (1957).  Settlement of action by defendants established both defendants as joint tortfeasors. 884 F.2d 492 (1989).  There must be common liability to injured person. 73 F. Supp. 707 (1947).  Father may not be joined as joint tortfeasor where children are plaintiffs. 135 F. Supp. 376 (1955).  Master and servant not joint tortfeasors, where master liable only under doctrine of respondeat superior. 7 H. 196 (1887).  Culpability among joint tortfeasors. 45 H. 128, 363 P.2d 969 (1961).  Minor son of plaintiff may be liable as joint tortfeasor to plaintiff. 51 H. 74, 450 P.2d 998 (1969).  Parents are liable for torts to their minor children, and they may be joined as joint tortfeasors in action by children against third party. 51 H. 484, 462 P.2d 1007 (1969).  An employee and employee's vicariously liable employer are joint tortfeasors as defined by this section. 78 H. 1, 889 P.2d 685 (1995).  Where condominium association's and murderer's tortious conduct resulted in same injury to victim, condominium association and murderer were joint tortfeasors. 87 H. 273 (App.), 954 P.2d 652 (1998).  Construing the language of § §431:10C-301 and 431:10C-103 governing uninsured motorist (UM) and underinsured motorist (UIM) insurance according to their plain and commonly understood meaning and in pari materia with §663-10.9 and this section, UM and UIM policies must provide coverage for all damages which an insured is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle, which necessarily encompasses damages for which the owner or operator of an uninsured or underinsured motor vehicle is jointly and severally liable pursuant to §663-10.9 and this section. 120 H. 329 (App.), 205 P.3d 594 (2009).  Cited: 133 H. 1, 323 P.3d 792 (2014).
HI Rev Stat § 663-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-13 Judgment against one tortfeasor.

  §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]
HI Rev Stat § 663-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-16 Indemnity.

  §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]
HI Rev Stat § 663-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-21 Advance payments not admission.

  §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 made by the defendant or the defendant's insurance company, whether made before or after the complaint is filed, to or for the plaintiff or any other person, hereinafter called an "advance payment", shall be construed as an admission of liability by any person. Except as provided in section 663-22, evidence of such payment shall not be admissible during the trial for any purpose by either plaintiff or defendant. [L 1969, c 233, §1; am L 1976, c 219, §19]
HI Rev Stat § 663-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-22 Reduction of award.

  §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 such advance payment. [L 1969, c 233, §2]
HI Rev Stat § 663-23 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-23 Refund of payments.

  §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 company. [L 1969, c 233, §3; gen ch 1985]
HI Rev Stat § 663-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-24 Effect on insurance.

  §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 be credited against any obligation of the insurance company in respect to said claim. [L 1969, c 233, §4]
HI Rev Stat § 663-41 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-41 Right of action.

  §663-41 Right of action. (a) Any person twenty-one years or older who:  (1) Sells, furnishes, or provides alcoholic beverages to a person under the age of twenty-one years; or  (2) Owns, occupies, or controls premises on which alcoholic beverages are consumed by any person under twenty-one years of age, and who knows of alcohol consumption by persons under twenty-one years of age on such premises, and who reasonably could have prohibited or prevented such alcohol consumption; shall be liable for all injuries or damages caused by the intoxicated person under twenty-one years of age.  (b) This section shall not apply to sales licensed under chapter 281.  (c) An intoxicated person under the age of twenty-one years who causes an injury or damage shall have no right of action under this part. [L 2003, c 69, pt of §1] Case Notes  There was actually no indication that this section was meant to encompass the instant factual situation where the injury was inflicted directly upon the minor by the host (defendant) through the provision of alcohol, and the claim was only between the minor and the host; thus, this section does not apply in a case where the intoxicated minor has not caused damage or injury to an innocent third party, and therefore did not bar the claims made by plaintiff (parents of decedent minor) against defendant. 130 H. 282, 308 P.3d 911 (2013).
HI Rev Stat § 663-42 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-42 Subrogation claims denied.

  §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 part under this part. [L 2003, c 69, pt of §1]
HI Rev Stat § 663-51 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-51 Definitions.

 §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 system, parks, and parkways under chapter 184, or as part of a county's park system, and lands which are part of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and structures constructed upon such lands. For purposes of this part, "improved public lands" excludes ocean and submerged lands.  "Public entity" means "government entity" as defined in section 663-10.5. [L 2003, c 82, pt of §2, §8; am L 2007, c 152, §5; am L 2008, c 144, §1; am L 2009, c 81, §3; am L 2014, c 86, §2]
HI Rev Stat § 663A-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663A. Civil Liability for Shoplifting|663A-1 Definitions.

  §663A-1 Definitions. As used in this chapter, unless the context otherwise requires:  "Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale at retail.  "Merchandise" means all things movable and capable of manual delivery.  "Owner" means any person who owns or operates a mercantile establishment or the agents or employees of that person.  "Shoplifting" means the specific type of theft offense defined in section 708-830(8). [L 1985, c 275, pt of §1]
HI Rev Stat § 663A-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663A. Civil Liability for Shoplifting|663A-2 Damages and penalties.

  §663A-2 Damages and penalties. (a) Any person who takes possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual's own use without having paid the purchase price thereof, who alters the price indicia of such merchandise, or who takes any other action that constitutes the offense of shoplifting, shall be civilly liable to the owner of the mercantile establishment for either:  (1) Actual damages and a civil penalty of $75, if a written demand is made pursuant to subsection (e), for the actual damages and this civil penalty; or  (2) Actual damages, a civil penalty of $75, and an additional civil penalty of not less than $50 nor more than $500, to recover the costs and expenses of bringing a civil suit, as determined by the court.  (b) A conviction for theft under section 708-830 to 708-833 is not a condition precedent to the maintenance of a civil action under this section.  (c) A civil liability under this section is not limited by another law that limits liability of parents or minor children.  (d) An action for recovery of damages and the assessment of the civil penalties under this section may be brought in any court of competent jurisdiction, including the small claims division of a district court.  (e) The fact that an owner of a mercantile establishment may bring an action against an individual for damages as provided in this section shall not limit the right of the owner of a mercantile establishment to demand, in writing, prior to the commencement of any legal action, that a person who is liable for damages under this section remit said damages and the amount of civil penalty allowed in section 663A-2.  (f) Judgments, but not claims, arising under this section may be assigned. [L 1985, c 275, pt of §1] Cross References  Shoplifting penalties, see §708-833.5.  Unlawful removal of shopping carts, see §633-16.
HI Rev Stat § 663B-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663B. Equine Activities|663B-2 Equine activities; rebuttable presumption.

  §663B-2 Equine activities; rebuttable presumption. (a) In any civil action for injury, loss, damage, or death of a participant, there shall be a presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. An injured person or their legal representative may rebut the presumption of no negligence by a preponderance of the evidence.  (b) Nothing in this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or their employees or agents if the equine activity sponsor, equine professional, or person:  (1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was a proximate cause of the injury;  (2) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity; or determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability; or determine the characteristics of the particular equine and suitability of the equine to participate in equine activities with the participant; or failed to reasonably supervise the equine activities and such failure is a proximate cause of the injury;  (3) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or reasonably should have been known to the equine activity sponsor, equine professional, or person, or for which reasonable warning signs have not been conspicuously posted;  (4) Commits an act or omission that constitutes gross negligence or wilful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or  (5) Intentionally injures the participant.  (c) Nothing in subsection (a) shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws or in sections 142-63, 142-64, 142-65, 142-66, and 142-68. [L 1994, c 249, pt of §1] Revision Note  Subsection (c) redesignated pursuant to §23G-15. Case Notes  If plaintiff's claims that ranch tour guide failed to reasonably supervise the equine activities that were the proximate cause of plaintiff's injury were correct, the presumption of non-negligence set forth in this section would not apply; thus it was error for trial court to apply this section to the case. 111 H. 254, 141 P.3d 427 (2006).
HI Rev Stat § 663E-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663E. Drug Dealer Liability|663E-1 Definitions.

 §663E-1 Definitions. As used in this chapter:  "Illegal drug" means "dangerous drugs" or a "harmful drug" as defined in section 712-1240.  "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user.  "Illegal drug market target community" is the area described under section 663E-5.  "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter.  "Level four offense" means the illegal possession of sixteen ounces or more or the illegal distribution of four ounces or more of an illegal drug.   "Level one offense" means the illegal possession of one-fourth ounce or more, but less than four ounces, or the illegal distribution of less than one ounce of an illegal drug.  "Level three offense" means the illegal possession of eight ounces or more, but less than sixteen ounces, or the illegal distribution of two ounces or more, but less than four ounces, of an illegal drug.  "Level two offense" means the illegal possession of four ounces or more, but less than eight ounces, or the illegal distribution of one ounce or more, but less than two ounces, of an illegal drug.  "Participate in the illegal drug market" means to illegally:  (1) Distribute an illegal drug;  (2) Possess with an intent to distribute;  (3) Commit an act intended to facilitate the marketing or distribution of an illegal drug;  (4) Commit any of the marketing or distribution of an illegal drug; or  (5) Conspire to commit any of the foregoing acts.  "Period of illegal drug use" means, in relation to the individual drug user, the entire time of the individual's illegal use of an illegal drug. In cases where the testimony of the individual drug user is unavailable, the period of illegal drug use is presumed to commence two years before the earliest known use by the individual drug user, unless the defendant proves otherwise by clear and convincing evidence.  "Place of illegal drug activity" means, in relation to the individual drug user, the place in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use.  "Place of participation" means, in relation to a defendant in an action brought under this chapter, the place at which the person participates in the illegal drug market or at which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. [L 2004, c 44, pt of §13]
HI Rev Stat § 663E-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663E. Drug Dealer Liability|663E-2 Recovery of damages.

  §663E-2 Recovery of damages. (a) One or more of the following persons may bring an action to recover for damages caused by an individual's use of an illegal drug:  (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;  (2) An individual who was exposed to an illegal drug in utero;   (3) An employer of the individual drug user;  (4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; or  (5) A person injured as a result of the intentional, knowing, reckless, or negligent actions of an individual drug user.  (b) A person entitled to bring an action under this section may seek damages from one or more of the following:  (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, the illegal drug that was used by the individual drug user;  (2) A person who knowingly participated in the illegal drug market, but only if:  (A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;  (B) The defendant's participation in the illegal drug market was involved with the same type of illegal drug used by the individual drug user; and   (C) The defendant participated in the illegal drug market at any time during the individual drug user €™s period of illegal drug use.  (c) A person entitled to bring an action under this section may recover all of the following damages:  (1) Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss associated with the illegal drug use;  (2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses associated with an individual €™s use of an illegal drug;  (3) Exemplary damages;  (4) Reasonable attorney's fees; and  (5) Costs of suit, including but not limited to reasonable expenses for expert testimony. [L 2004, c 44, pt of §13]
HI Rev Stat § 663E-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663E. Drug Dealer Liability|663E-3 Limitations for recovery of damages; state recovery.

 §663E-3 Limitations for recovery of damages; state recovery. (a) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. An individual drug user may bring an action for damages caused by that individual's use of an illegal drug only if all of the following conditions are met:  (1) The individual has not used an illegal drug within the six months before filing the action; and  (2) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.  (b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, the illegal drug that was used by the individual drug user.  (c) A person entitled to bring an action under this section may recover only the following damages:  (1) Economic damages, including but not limited to the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss associated with the person's illegal drug use;  (2) Reasonable attorney's fees; and  (3) Costs of suit including but not limited to reasonable expenses for expert testimony.  (d) Twenty-five per cent of any actual recovery of damages by the plaintiff under this section, whether by settlement, execution on a judgment, or otherwise, shall be turned over to the State for deposit into the general fund. [L 2004, c 44, pt of §13]