reglab/housing_qa huggingface dataset:
HI Rev Stat § 663-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-4 Actions which survive death of wrongdoer or other person liable.

  §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 who may be liable for damages for such physical injury or death. [L 1953, c 206, pt of §1; am L 1955, c 205, pt of §3; RL 1955, §246-3; HRS §663-4] Cross References  Abatement and revival, see chapter 634, pt V.  Probate, claims, see chapter 560. Rules of Court  Substitution of parties, see HRCP rule 25. Case Notes  Does not provide for survival of defamation actions. 1 H. App. 517, 620 P.2d 771 (1980).  Judgments for punitive damages may be entered against the estate of a deceased tortfeasor. 104 H. 241 (App.), 87 P.3d 910 (2003).  Cited: 45 H. 373, 383, 369 P.2d 96 (1961).
HI Rev Stat § 663-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-5 Death of defendant, continuance of action.

  §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 action may be continued against the legal representative of the wrongdoer's or other person's estate in accordance with chapter 634. [L 1953, c 206, pt of §1; am L 1955, c 205, pt of §3; RL 1955, §246-4; HRS §663-5; am L 1972, c 144, §2(d); gen ch 1985] Cross References  Abatement and revival, see chapter 634, pt V.  Probate, claims, see chapter 560. Rules of Court  Substitution of parties, see HRCP rule 25; DCRCP rule 25.
HI Rev Stat § 663-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-6 Death of wrongdoer or other person liable prior to suit, time for commencing action against the estate.

  §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 brought against the wrongdoer or other person, the action may be brought against the legal representative of the wrongdoer's or other person's estate; provided that every such action shall be commenced within two years after the death of the injured person in any action brought under section 663-3 or within two years after the date of physical injury in all other cases, except as otherwise provided. [L 1953, c 206, pt of §1; am L 1955, c 205, pt of §3; RL 1955, §246-5; am L 1967, c 108, §1; HRS §663-6; am L 1972, c 144, §2(e); gen ch 1985] Cross References  Abatement and revival, see chapter 634, pt V.  Probate, claims, see chapter 560.
HI Rev Stat § 663-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-7 Survival of cause of action.

  §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 favor of the legal representative of the person and any damages recovered shall form part of the estate of the deceased. [L 1955, c 205, §2; RL 1955, §246-6; HRS §663-7; am L 1972, c 144, §2(f)] Cross References  Abatement and revival, see chapter 634, pt V.  Probate, claims, see chapter 560. Case Notes  Recovery by estate of decedent for decedent's pain and suffering. 245 F. Supp. 981, 1015 (1965), aff'd 381 F.2d 965 (1967).  Because decedent would have had an action for punitive damages had decedent survived, estate is entitled to recover punitive damages under this section. 551 F. Supp. 110 (1982).  Recovery for decedent's conscious pain and suffering, discussed. 823 F. Supp. 778 (1993).  In action under Federal Tort Claims Act, where plaintiffs argued, inter alia, that remaining individual plaintiffs were all legally entitled to assert a survivorship claim on behalf of estate under this section because they were all deceased's heirs, remaining individual plaintiffs' status as heirs did not, by itself, entitle them to be legal representatives of estate. 125 F. Supp. 2d 1243 (2000).  Probable earnings of decedent during decedent's lost years are not a proper item of damages. 54 H. 231, 505 P.2d 1169 (1973). But for present statutory rule, see §663-8.  A person named in will of decedent to be the executrix deemed "legal representative" and would have been proper person to be substituted for decedent in action brought by decedent. 60 H. 125, 588 P.2d 416 (1978).  As murder victim would have had a claim for punitive damages had murder victim survived, under this section, victim's claim for punitive damages survived victim's death; as this claim survives victim's death, punitive damages are not recoverable in an action under §663-3. 87 H. 273 (App.), 954 P.2d 652 (1998).  Where murder victim would have had cause of action for loss of enjoyment of life and other nonpecuniary losses under §663-8.5 had murder victim survived, under this section, victim's claim survived victim's death and victim's estate may sue for such damages. 87 H. 273 (App.), 954 P.2d 652 (1998).
HI Rev Stat § 663-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-8 Damages, future earnings.

  §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 maintenance and the provision the decedent would have made for the decedent's actual or probable family and dependents during the period of time the decedent would have likely lived but for the accident. [L 1973, c 213, §3; am L 2016, c 55, §46] Case Notes  Recovery by decedent's estate, discussed. 823 F. Supp. 778 (1993).
HI Rev Stat § 663-8.3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-8.3 Loss or impairment of earning capacity; damages.

  §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 this section shall be construed to limit or restrict the use of other factors deemed appropriate by a court in calculating damages awarded for loss or impairment of earning capacity. [L Sp 1986, c 2, §18]
HI Rev Stat § 663-8.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-8.5 Noneconomic damages; defined.

  §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 suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person. [L Sp 1986, c 2, §19] Law Journals and Reviews  Hawaii's Loss of Consortium Doctrine: Our Substantive, Relational Interest Focus. VII HBJ, no. 13, at 59 (2003). Case Notes  Where murder victim would have had cause of action for loss of enjoyment of life and other nonpecuniary losses under this section had murder victim survived, under §663-7, victim's claim survived victim's death and victim's estate may sue for such damages. 87 H. 273 (App.), 954 P.2d 652 (1998).  Cited: 77 H. 282, 884 P.2d 345 (1994).
HI Rev Stat § 663-8.7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-8.7 Limitation on pain and suffering.

  §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, §20; am L 1989, c 300, §2; am L 1991, c 62, §1; am L 1993, c 238, §1; am L 1995, c 130, §1] Law Journals and Reviews  Medical Malpractice in Hawai €˜i: Tort Crisis or Crisis of Medical Errors? 30 UH L. Rev. 167 (2007).  Kanahele v. Han: Economic Sufferings Legally Implies Non-Economic Sufferings. 34 UH L. Rev. 611 (2012).
HI Rev Stat § 663-8.9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-8.9 Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury.

  §663-8.9 Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury. (a) No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out of damage to property or material objects.  (b) This section shall not apply if the serious emotional distress or disturbance results in physical injury to or mental illness of the person who experiences the emotional distress or disturbance. [L Sp 1986, c 2, §22] Case Notes  Defendants' motion for summary judgment on all negligent infliction of emotional distress claims granted, where plaintiffs-intervenors had not even alleged physical injury or a diagnosed illness. 535 F. Supp. 2d 1149 (2008).  Because a corpse is neither "property" nor a "material object" for purposes of this section, this section does not apply to negligent infliction of emotional distress claims arising from the negligent mishandling of a corpse. 96 H. 147, 28 P.3d 982 (2001).  Cited: 895 F. Supp. 1365 (1995).  Mentioned: 900 F. Supp. 1339 (1995); 907 F. Supp. 2d 1165 (2012).
HI Rev Stat § 663-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-9 Liability of animal owners.

  §663-9 Liability of animal owners. (a) The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal.  (b) The owner or harborer of an animal which is known by its species or nature to be dangerous, wild, or vicious, if the animal proximately causes either personal or property damage to any person, shall be absolutely liable for such damage. [L 1980, c 218, §2] Cross References  Actions for removal or destruction of dogs biting humans, see §142-75.  Equine activities, see chapter 663B.  Liability of dog owner, see §142-74. Case Notes  Subsection (b) does not impose strict liability on dog owners. 6 H. App. 485, 727 P.2d 1131 (1986).
HI Rev Stat § 663-9.1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-9.1 Exception of animal owners to civil liability.

  §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 enter or remain in or upon premises if a warning or warnings have been posted that are reasonably adequate to warn other persons that an animal is present on the premises. A person who, regardless of the person's intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. A person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege, unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.  "Intentionally" shall have the same meaning as in section 702-206(1).  "Knowingly" shall have the same meaning as in section 702-206(2).  "Premises" includes any building or portion thereof or any real property owned, leased, or occupied by the owner or harborer of an animal.  (b) Notwithstanding sections 663-1 and 663-9, any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal occurring in or upon the premises of the owner or harborer where the person suffering either personal or property damage as a proximate result of the actions of the animal is found by the trier of fact intentionally or knowingly to have entered or remained in or upon such premises unlawfully.  (c) Notwithstanding sections 663-1 and 663-9, any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal where the trier of fact finds that:  (1) The animal caused such damage as a proximate result of being teased, tormented, or otherwise abused without the negligence, direction, or involvement of the owner or harborer; or  (2) The use of the animal to cause damage to person or property was justified under chapter 703. [L 1980, c 218, §3; gen ch 1985; am L 2017, c 12, §71]
HI Rev Stat § 663-9.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-9.5 Liability of firearm owners.

  §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 defense to the absolute liability that the firearm was not in the possession of the owner.  (c) It shall be an affirmative defense to the absolute liability that:  (1) The firearm was taken from the owner's possession without the owner's permission; and  (2) The owner either:  (A) Reported the theft to the police prior to the discharge; or  (B) Despite the exercise of reasonable care:  (i) Had not discovered the theft prior to the discharge; or  (ii) Was not reasonably able to report the theft to the police prior to the discharge.  (d) This section shall not apply when the discharge of the firearm was legally justified.  (e) The absolute liability under subsection (a) shall not apply to the State or counties for the use of a firearm owned by the State or county, as applicable, and used by a law enforcement officer employed by the State or county, outside of the course and scope of employment as a law enforcement officer; provided that this section shall not be construed to relieve the State and counties from any other tort liability that may be applicable to the State or counties.  (f) The absolute liability under subsection (a) shall not apply to National Rifle Association certified firearms instructors during the course of providing firearms training or safety courses or classes at a firing range to persons seeking to acquire a permit for the acquisition of a pistol or revolver in accordance with section 134-2(g)(4); provided that this section shall not be construed to relieve a National Rifle Association certified firearms instructor from any other tort liability that may be applicable. [L 1994, c 204, §1; am L 2008, c 129, §1; am L 2012, c 301, §1]
HI Rev Stat § 663-10.6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-10.6 Exemption for providing shelter and subsistence to the needy.

  §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 remuneration or expectation of remuneration, shall be exempt from civil liability for injuries and damages resulting from the organization's acts or omissions in providing the shelter or subsistence, except for gross negligence or wanton acts or omissions of the organization.  (b) Any donor who donates goods, materials, or services to a charitable or nonprofit organization described in subsection (a) shall be exempt from civil liability for injuries and damages resulting from the donation, except for gross negligence or wanton acts or omissions.  (c) As used in this section, "needy person" means any person who lacks adequate or proper means of subsistence. [L 1994, c 250, §2; am L 2021, c 159, §3]
HI Rev Stat § 663-10.7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-10.7 Exemption for providing emergency access to land, shelter, and subsistence during a disaster.

  §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 without remuneration or expectation of remuneration, shall be exempt from civil liability for any injury or damage suffered by the person that resulted from the owner providing such emergency access to land, shelter, or subsistence, unless the injury or damage was caused by the gross negligence or intentional or wanton acts or omissions of the owner.  (b) For the purposes of this section:  "Disaster" means a nonroutine event that exceeds the capacity of persons in the affected area to respond to it in such a way as to save lives, preserve property, or to maintain the social, ecological, economic, or political stability of the affected area.  "Emergency" means a situation in which the life or health of a person is in jeopardy due to a disaster requiring immediate assistance.  "Owner" means the possessor of a fee interest, or a tenant, lessee, occupant, person, group, club, partnership, family, organization, entity, or corporation that has control, possession, or use of the land, and its members, agents, partners, representatives, shareholders, and employees. [L 2012, c 291, §1]
HI Rev Stat § 663-10.98 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|663. Tort Actions|663-10.98 Design professional liability; highways.

  §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 maintenance of highways, where a design professional is determined to be a joint tortfeasor along with one or more other joint tortfeasors, and the degree of negligence of the design professional is ten per cent or less, including the vicarious liability of the design professional for the negligent acts or omissions of the officers and employees of the design professional, the liability of the design professional for more than the design professional's pro rata share of negligence shall not exceed the available policy limits of the design professional's professional liability coverage; provided that one of the following applies:  (1) The contract amount for design professional services relating to the tort claim is $500,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $1,000,000 in the aggregate; or  (2) The contract amount for design professional services relating to the tort claim is $1,000,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.  (b) This section shall not apply to any design professional with a gross annual revenue of $10,000,000 or more during any of the three calendar years immediately preceding the effective date of the contract for design professional services relating to the tort claim. Information produced pursuant to this section relating to gross revenue shall be confidential and used only for purposes of this section unless otherwise ordered by the court.  (c) For purposes of this section:  "Available policy limits" means the remaining occurrence or aggregate policy limits available after reduction for prior claim payments made under the applicable professional liability insurance policy.  "Contract amount" means the maximum charges permitted under the contract; provided that if two or more design professional firms share in a contract, the contract amount shall be the share of maximum charges permitted for the design professional against which the claim is asserted.  "Design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. [L 2009, c 179, §2]