reglab/housing_qa huggingface dataset:
HI Rev Stat § 662-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-19 Limited liability for skateboarding activities in public skateboard parks.

  §662-19 Limited liability for skateboarding activities in public skateboard parks. (a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park.  (b) Public entities that own or maintain public skateboard parks shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability. [L 2003, c 144, §3]
HI Rev Stat § 662D-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662D. Volunteer Service; Immunity|662D-1 Definitions.

  §662D-1  Definitions. As used in this chapter, unless the context requires otherwise:  "Governmental entity" means any agency, association, authority, board, commission, division, office, officer, public body, task force, or any other similar entity authorized or established by any county or the State.  "Nonprofit corporation" means any corporation that is exempt from taxation pursuant to section 501(a) of the Internal Revenue Code, 26 U.S.C. section 501(a).  "Nonprofit organization" means any organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. section 501(c), as amended.  "Volunteer" means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity. The term includes a volunteer serving as a director, officer, trustee, member, or direct service volunteer. [L 1997, c 351, pt of §2]
HI Rev Stat § 662D-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662D. Volunteer Service; Immunity|662D-2 Scope of immunity.

  §662D-2  Scope of immunity. (a) A volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:  (1) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity;  (2) The damage or injury was caused by the volunteer's negligent conduct; and  (3) With respect to a nonprofit organization, nonprofit corporation, or hospital, the entity for which the volunteer was acting either:  (A) Has a general liability policy in force, both at the time of injury and at the time the claim is made against the entity, and the minimum coverage is in an amount of not less than: $200,000 per occurrence and $500,000 aggregate; or  (B) Has total assets, exclusive of grants and allocations, of less than $50,000.  (b) In any suit against a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission shall be sufficient to establish the responsibility of the entity therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (a). [L 1997, c 351, pt of §2]
HI Rev Stat § 662D-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662D. Volunteer Service; Immunity|662D-3 Exception.

  §662D-3 Exception. Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue and recover civil damages from a volunteer based upon:  (1) Any conduct engaged in by the volunteer that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct;  (2) Any act or omission in connection with the operation of a motor vehicle;  (3) Any conduct engaged in by the volunteer while the volunteer is unreasonably interfering with the lawful activities of another;  (4) Any conduct engaged in by the volunteer that takes place on private property when the volunteer's presence on the property was not consented to by the owner;  (5) Any act or omission within a volunteer's scope of practice for which the volunteer is licensed, certified, permitted, or registered under state law to perform; provided that this paragraph shall not apply to volunteer medical assistance services pursuant to section 321-2.5; and  (6) Any criminal offense committed by the volunteer. [L 1997, c 351, pt of §2; am L 2010, c 134, §2]
HI Rev Stat § 662D-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662D. Volunteer Service; Immunity|662D-4 Limited liability for volunteers for activities at public skateboard parks.

  §662D-4 Limited liability for volunteers for activities at public skateboard parks. (a) A volunteer who designs, constructs, maintains, or repairs a skateboard park for a governmental entity shall not be liable to any person for injury or damage sustained when using a public skateboard park, except for injury or damages resulting from gross negligence or intentional misconduct.  (b) No nonprofit organization or nonprofit corporation that provides volunteers to a governmental entity to design, construct, maintain, or repair a public skateboard park shall be liable to any person for injury or damage sustained when using a public skateboard park, except under the doctrine of respondeat superior. [L 2003, c 144, §4]
HI Rev Stat § 662D-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662D. Volunteer Service; Immunity|662D-5 Limited liability for maintaining or repairing cemetery grounds.

 §662D-5 Limited liability for maintaining or repairing cemetery grounds. (a) An individual volunteer who maintains or repairs cemetery grounds located in the State without compensation, including cemeteries operated for profit pursuant to chapter 441, shall not be liable to any person for injury or damage sustained as a result of the actions of the volunteer to maintain or repair the cemetery grounds, except for injury or damages resulting from gross negligence or intentional misconduct.  (b) A nonprofit organization, nonprofit corporation, or other entity that provides volunteers to maintain or repair cemetery grounds located in the State, including cemeteries operated for profit pursuant to chapter 441, shall not be liable to any person for injury or damages sustained as a result of the actions of a volunteer provided by the organization, corporation, or entity to maintain or repair the cemetery grounds, except for injury or damages resulting from gross negligence or intentional misconduct.  (c) This section does not relieve any cemetery property owner or cemetery authority from compliance with chapter 441, or from the duty to maintain their premises in a reasonably safe condition.  (d) A volunteer providing services under this section for a nonprofit organization, nonprofit corporation, or other entity may only receive reimbursement for actual expenses incurred that have been authorized for payment by the nonprofit organization, nonprofit corporation, or other entity.  (e) Nothing in this section shall be construed to authorize or permit the use of perpetual care funds for the purposes of reimbursing costs incurred pursuant to this section.  (f) Notwithstanding any other law to the contrary, actions of a volunteer in conformance with this section shall not require licensure under chapter 441; provided that maintenance and repair activities covered under this section shall be limited to general maintenance, care, and preservation of cemeteries, including keeping sod or grass in repair and caring for trees and shrubs, but shall not include activities related to burials.  (g) For purposes of this section, a volunteer may provide maintenance and repair services as an individual and not as a member or affiliate of a cemetery authority, nonprofit corporation, nonprofit organization, or other entity, if the volunteer:  (1) First obtains written approval from the cemetery owner or cemetery authority, if one can be identified; and  (2) Does not receive compensation or reimbursement for any expenses other than actual expenses incurred for maintenance and repair of the cemetery grounds. [L 2018, c 193, §2]
HI Rev Stat § 663-1.2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.2 Tort liability for breach of contract; punitive damages.

  §663-1.2 Tort liability for breach of contract; punitive damages. No person may recover damages, including punitive damages, in tort for a breach of a contract in the absence of conduct that:  (1) Violated a duty that is independently recognized by principles of tort law; and  (2) Transcended the breach of the contract. [L 1999, c 237, §1] Law Journals and Reviews  Russ Francis v. Lee Enterprises: Hawai €˜i Turns Away From Tortious Breach of Contract. 23 UH L. Rev. 647 (2001).
HI Rev Stat § 663-1.3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.3 "Ad damnum" clause prohibited.

  §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 party claim nor any amendment to such pleadings shall specify the amount of damages prayed for but shall contain a prayer for general relief, including a statement that the amount of damages is within the minimum jurisdictional limits of the court in which the action is brought.  (b) If the complaint, counterclaim, cross claim or third party claim or any amendment to such pleadings contains a specified amount of damages, the claim, counterclaim, cross claim or third party claim shall be dismissed by the court without prejudice; provided that, upon the filing of a motion to dismiss a complaint on the grounds of specificity of damages, the court shall allow the pleading to be amended in lieu of dismissal at the request of the claimant. [L 1987, c 38, §1; am L 1988, c 83, §1]
HI Rev Stat § 663-1.4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.

 [ §663-1.4] Payment of reasonable attorney's fees and costs in defense of suit. In any case brought by one health care professional against another for defamation, damage to reputation, or any other loss resulting from information provided by the second health care professional in any situation relating to a medical peer review proceeding, including the providing of information that may lead to the initiation of such a proceeding, if the second health care professional substantially prevails in the action, and if the action brought by the first health care professional was frivolous, unreasonable, without foundation, or in bad faith, then the court, at the conclusion of the action, shall award to the second health care professional the cost of defending against the action, including a reasonable attorney's fee. L 1989, c 302, §1 Cross References  Health care peer review, see chapter 671D.  Vexatious litigants, see chapter 634J.
HI Rev Stat § 663-1.6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.6 Duty to assist.

 [ §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 person. Any person who violates this subsection is guilty of a petty misdemeanor.  (b) Any person who provides reasonable assistance in compliance with subsection (a) shall not be liable in civil damages unless the person's acts constitute gross negligence or wanton acts or omissions, or unless the person receives or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a physician licensed to practice under the laws of this State committed in the ordinary course of the physician's practice.  (c) Any person who fails to provide reasonable assistance in compliance with subsection (a) shall not be liable for any civil damages. L 1984, c 140, §1 Case Notes  Section imposes on the perpetrator of a crime a duty to obtain necessary medical aid for the victim. 73 H. 236, 831 P.2d 924 (1992).  Where evidence that child was a victim of battered child syndrome was relevant to show that child's death was not an accident, but the result of an intentional, knowing or reckless criminal act, giving rise to a duty on defendant's part to obtain medical care for child pursuant to this section, trial court did not err in admitting expert testimony that child was a victim of battered child syndrome. 101 H. 332, 68 P.3d 606 (2003).  This section and the Hawaii supreme court's ruling in Moyle v. Y & Y Hyup Shin, Corp. did not apply where decedent accessed the rooftop of respondent mall owner's mall, entered into and became trapped in an exhaust duct above the food court, and later died, because the instant case did not involve actions by a third party. 130 H. 262, 308 P.3d 891 (2013).  Applicable to the perpetrator of a crime. 8 H. App. 506, 810 P.2d 672 (1991).
HI Rev Stat § 663-1.9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.9 Exception to liability for health care provider, authorized person withdrawing blood or urine at the direction of a police officer.

  §663-1.9 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 a person's blood or drug content of a person's blood or urine shall be immune from any civil liability in any action based upon the compliance. The health care provider also shall be immune from any civil liability for participating in any subsequent judicial proceeding relating to the person's compliance.  (b) Any authorized person who properly withdraws blood or collects urine from another person at the written request of a police officer for testing of the blood's alcohol concentration or drug content or the drug content of the urine, and any hospital, laboratory, or clinic, employing or utilizing the services of such person, and owning or leasing the premises on which the tests are performed, shall not be liable for civil damages resulting from the authorized person's acts or omissions in withdrawing the blood or collecting urine, except for such damages as may result from the authorized person's gross negligence or wanton acts or omissions.  (c) For the purpose of this section:  "Authorized person" means a person authorized under section 291E-12 to withdraw blood at the direction of a police officer.  "Health care provider" has the same meaning as in section 291E-21. [L 1986, c 196, §1; am L 1997, c 101, §2; am L 2000, c 189, §26]
HI Rev Stat § 663-1.52 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.52 REPEALED.

  §663-1.52 REPEALED. L 2014, c 98, §1.
HI Rev Stat § 663-1.53 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.53 Liability for operation of a family child care home.

  §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 the care of the family child care home, or to any of the child's relatives, guardians, or caretakers, that occur within the family child care home or on the common elements of the condominium project, planned community, or townhouse project in which the family child care home is located.  (b) This section shall not apply to an association that:  (1) Allows the operation of a family child care home that is:  (A) Not operated by an owner-occupant;  (B) Above the fourth floor; or  (C) Not established in compliance with the Equal Opportunity for Individuals with Disabilities Act, (Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., as amended); or  (2) Allows more than three per cent of the total number of apartments subject to the association to be used as a family child care home.  (c) As used in this section:  "Apartment" has the same meaning as set forth in section 502C-1;  "Association" has the same meaning as set forth in section 502C-1;  "Common elements" has the same meaning as set forth in section 502C-1;  "Condominium" has the same meaning as set forth in section 502C-1;  "Family child care home" has the same meaning as set forth in section 502C-1;  "Planned community" has the same meaning as set forth in section 502C-1; and  "Townhouse" has the same meaning as set forth in section 502C-1. [L 1999, c 242, § §2, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1]
HI Rev Stat § 663-1.55 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-1.55 Volunteer firefighters; limited liability.

  §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 damages as may result from the person's gross negligence, or wanton acts or omissions.  For purposes of this section, volunteer firefighter means any person who trains as a volunteer firefighter and who, of the person's own free will, provides firefighting services in a fire emergency without remuneration or expectation of remuneration.  For purposes of this section, good faith includes, but is not limited to, a reasonable opinion that the immediacy of a fire is such that the rendering of firefighting service should not be postponed. [L 1993, c 269, §1] Cross References  Ratemaking of insurance, see §431:14-103.
HI Rev Stat § 663-1.95 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|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 disclosing the information and for the consequences of the disclosure. (b) The good faith presumption under subsection (a) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was: (1) Knowingly false; or (2) Knowingly misleading. (c) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378. [L 1998, c 182, §1] Revision Note Section heading renamed pursuant to §23G-15.

  §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 disclosing the information and for the consequences of the disclosure.  (b) The good faith presumption under subsection (a) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was:  (1) Knowingly false; or  (2) Knowingly misleading.  (c) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378. [L 1998, c 182, §1] Revision Note  Section heading renamed pursuant to §23G-15.
HI Rev Stat § 663-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-2 Defense of lawful detention.

  §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 the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, or a motion picture theater for the purpose of investigation or questioning as to an unauthorized audiovisual recording of a motion picture, it shall be a defense to the action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a police officer or by the owner of the retail mercantile establishment or motion picture theater, the owner's authorized employee, or agent, and that such police officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit larceny of merchandise or unauthorized audiovisual recording of a motion picture on the premises.  [(b)] As used in this section:  "Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the unauthorized audiovisual recording of a motion picture.  "Reasonable grounds" includes, but is not limited to, knowledge that a person has concealed possession of unpurchased merchandise of the retail mercantile establishment or has made an unauthorized audiovisual recording of a motion picture taken at a motion picture theater.  "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment or motion picture theater relative to the ownership of the merchandise or making of an unauthorized audiovisual recording of a motion picture.  "Retail mercantile establishment" means a place where goods, wares, or merchandise are offered to the public for sale.  [(c)] This section applies to legal actions resulting from detentions occurring after May 21, 1967, for retail merchant establishments, and after May 18, 2005, for motion picture theaters. [L 1967, c 107, §1; HRS §663-2; am L 1972, c 144, §2(b); gen ch 1985; am L 2005, c 59, §2] Revision Note  "May 18, 2005" substituted for "the effective date of this Act". Cross References  As affirmative defense to unlawful imprisonment, see §707-722 and commentary.