reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 661. Actions By and Against the State › 661-31 Certain actions barred.

§661-31 Certain actions barred.
(a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.
(b) The court shall dismiss an action or claim under this part, unless opposed by the State, if the allegations or transactions alleged in the action or claim are substantially the same as those publicly disclosed:
(1) In a state criminal, civil, or administrative hearing in which the State or its agent is a party;
(2) In a state legislative or other state report, hearing, audit, or investigation; or
(3) By the news media,
unless the action is brought by the attorney general or the person bringing the action is an original source of the information.
(c) For purposes of this section, "original source" means an individual who:
(1) Prior to public disclosure under subsection (b), has voluntarily disclosed to the State the information on which the allegations or transactions in a claim are based; or
(2) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing an action under this part. [L 2012, c 294, pt of §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-1 Definitions.

§662-1 Definitions.
As used in this chapter the term:
"Acting within the scope of the employee's office or employment", in the case of a member of the Hawaii National Guard or Hawaii state defense force, means acting in the line of duty.
"Employees of the State" includes officers and employees of any state agency, members of the Hawaii national guard, Hawaii state defense force, and persons acting in behalf of a state agency in an official capacity, temporarily, whether with or without compensation. "Employees of the State" also includes persons employed by a county of this State as lifeguards and designated to provide lifeguard services at a designated state beach park under an agreement between the State and that county.
"State agency" includes the executive departments, boards, and commissions of the State but does not include any contractor with the State. [L 1957, c 312, pt of §1; Supp, §245A-1; HRS §662-1; am L 1988, c 135, §1; am L 1991, c 316, §1; am L 2015, c 35, §19]
Law Journals and Reviews
Rogers v. State: The Limits of State Tort Liability. 8 HBJ no. 3, at 89 (1971).
Case Notes
Federal employee acting in line of duty may also be acting in line of duty under state tort liability law. 643 F. Supp. 593 (1986).
Act should be liberally construed to effectuate its purpose. 51 H. 293, 459 P.2d 378 (1969).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-3 Jurisdiction.

§662-3 Jurisdiction.
The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the State while acting within the scope of the employee's office or employment. [L 1957, c 312, pt of §1; Supp, §245A-3; HRS §662-3; am L 1978, c 156, §2; am L 1984, c 135, §3; am L 2015, c 35, §20]
Case Notes
Does not bar U.S. government from bringing claim for contribution against State in federal court. 643 F. Supp. 593 (1986).
Nothing in the language of this section and §661-1 suggests that Hawaii intended to subject itself to suit in federal court. 950 F. Supp. 2d 1159 (2013).
Where plaintiffs seek injunction for unconstitutional acts and damages, sovereign immunity bars suit. 68 H. 192, 708 P.2d 129 (1985), cert. denied, 476 U.S. 1169 (1986).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-4 Statute of limitations.

§662-4 Statute of limitations.
A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply. [L 1957, c 312, pt of §1; Supp, §245A-4; HRS §662-4; am L 1976, c 219, §16]
Case Notes
Plaintiff, a former state employee, alleged slander against one of the state defendants. Although plaintiff appeared to conclude that the continuing violation doctrine made plaintiff's claims actionable, the court found that plaintiff failed to allege that the incidents fell within the two-year limitations period. 430 F. Supp. 3d 655 (2020).
Claim accrues when the plaintiff knew or should have known that an actionable wrong has been committed. 63 H. 117, 621 P.2d 957 (1980).
Minority tolling not applicable. 72 H. 77, 806 P.2d 957 (1991).
Plaintiff's lack of knowledge regarding a legal duty, the breach of which may have caused plaintiff's injury, did not justify application of "discovery rule"; plaintiff's failure to seek legal advice from an attorney did not toll statute of limitations. 81 H. 391, 917 P.2d 718 (1996).
Counties do not fall within the ambit of the State Tort Liability Act; §46-72 is the statute of limitations applicable to actions against the counties. 104 H. 341, 90 P.3d 233 (2004).
Where plaintiffs' claim did not accrue until the quantum of the medical care they actually received exceeded the medical-rehabilitative limit set forth in §431:10C-306(b)(2) (1993), and plaintiff apparently exceeded that limit, this section afforded plaintiffs two years from the accrual of their claim within which to file their lawsuit; as plaintiffs' claim had accrued by the time they filed their complaint but not more than two years prior, the complaint was timely under this section; thus, trial court properly denied defendant's motion to dismiss. 113 H. 459, 153 P.3d 1144 (2007).
Where §46-72 (2006) created a class of tort claimants, injured by the conduct of a county, who were subject to a six-month statute of limitations period for filing their complaint, and victims of injuries caused by the State under this section had a two-year limitation period, and there was no rational basis to support such disparate treatment, §46-72 (2006) was unconstitutional under article I, §5 of the Hawaii constitution. 115 H. 1, 165 P.3d 247 (2007).
Continuing-tort exception, which tolls running of statute of limitations under this section, adopted; thus, where an actor continuously diverts water over which he or she has direct control onto another's land, and the diversion causes continuous and substantial damage to that person's property and the actor knows of this damage, such an act may present evidence of a continuous tort. 88 H. 241 (App.), 965 P.2d 783 (1998).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-5 Jury.

§662-5 Jury.
Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right. [L 1957, c 312, pt of §1; Supp, §245A-5; HRS §662-5; am L 1979, c 152, §2]
Case Notes
This section held not to entitle county of Hawaii to nonjury trial. 57 H. 656, 562 P.2d 436 (1977).
Consent to trial cannot be involuntary or implied. 6 H. App. 582, 733 P.2d 1224 (1987).
Read together, this section acts as a limitation on the general state tort liability waiver found in §662-2, and the general waiver thus does not provide a right to a jury trial for tort actions against state entities; therefore, the circuit court did not err in independently determining the state hospital's liability, resulting in joint and several damages different from those "awarded" by the jury. 127 H. 325 (App.), 278 P.3d 382 (2012).
Read together with this section, §663-10.9(3) requires the imposition of joint and several liability only as adjudicated by the court, not the jury; having determined that the state hospital's individual degree of negligence was more than twenty-five per cent, the circuit court properly awarded joint and several damages against the hospital to the full extent that the court determined patient's injuries to arise out of the subject incident, and therefore complied with §663-10.9(3). 127 H. 325 (App.), 278 P.3d 382 (2012).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-6 Pleadings, trial and appeal.

§662-6 Pleadings, trial and appeal.
[(a)] The Hawaii rules of civil procedure and the district court rules of civil procedure as applicable shall be followed in any action under this chapter. A certified copy of all pleadings shall be duly served on the attorney general.
(b) Section 661-2 shall apply to actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-6; HRS §662-6; am L 1972, c 164, §2(b); am L 1978, c 156, §3; am L 2017, c 12, §70]
Note
Section 661-9 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-7 Attorney general.

§662-7 Attorney general.
The State shall be represented by the attorney general of the State in all actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-7; HRS §662-7]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-8 Interest.

§662-8 Interest.
On all final judgments rendered against the State in actions instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment. [L 1957, c 312, pt of §1; Supp, §245A-8; HRS §662-8]
Attorney General Opinions
Implies that judgments against State not funded by agency budgets. Att. Gen. Op. 85-8.
Case Notes
Trial court did not err in concluding that the State was immune from paying more than four per cent per annum post-judgment interest on the plaintiffs' damages; as State appealed from trial court's judgment and thus interest began to accrue "after the judgment on appeal", trial court did not err in concluding that post-judgment interest on the plaintiffs' damages began to accrue on that date. 105 H. 104, 94 P.3d 659 (2004).
Applicable to judgments against State; interest accrues from entry of final appellate judgment. 6 H. App. 70, 708 P.2d 829 (1985), aff'd, 68 H. 220, 708 P.2d 824 (1985).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-9 Costs.

§662-9 Costs.
In an action under this chapter, court costs and fees as set by law may be allowed to the prevailing party. [L 1957, c 312, pt of §1; Supp, §245A-9; HRS §662-9; am L 1972, c 164, §2(c); am L 1979, c 152, §3]
Case Notes
This section and §662-12 not inconsistent as to attorney's fees. 51 H. 540, 465 P.2d 580 (1970).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-10 Judgment as bar.

§662-10 Judgment as bar.
The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Supp, §245A-10; HRS §662-10]
Case Notes
Where plaintiff alleged that plaintiff was sexually assaulted by a youth correctional officer while plaintiff was a minor ward detained at a youth correctional facility, this section did not bar plaintiff from obtaining contemporaneous judgments from defendant in defendant's individual capacity and from the State; to the extent that recovery against the State was predicated on the alleged negligence of defendant's superiors in hiring, supervising, training, and retaining defendant, such a claim did not involve "the same subject matter" as the intentional tort claims against defendant. 133 H. 453, 331 P.3d 431 (2014).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-11 Compromise.

§662-11 Compromise.
(a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter.
(b) Claims arbitrated, compromised, or settled by the attorney general for an amount not exceeding $25,000, shall be paid from the state risk management revolving fund. Claims arbitrated, compromised, or settled by the attorney general for more than $25,000 shall be paid only after funds are appropriated by the legislature for the payment of those claims. [L 1957, c 312, pt of §1; Supp, §245A-11; am L 1967, c 232, §1; HRS §662-11; am L 1988, c 336, §1; am L 1990, c 117, §3; am L 2019, c 118, §3]
Cross References
State risk management revolving fund, see §41D-4.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-12 Attorney's fees.

§662-12 Attorney's fees.
The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney's fees which shall not, however, exceed twenty-five per cent of the amount recovered and shall be payable out of the judgment awarded to the plaintiff; provided that such limitation shall not include attorney's fees and costs that the court may award the plaintiff as a matter of its sanctions. [L 1957, c 312, pt of §1; Supp, §245A-12; HRS §662-12; am L 1979, c 152, §4]
Case Notes
Attorney's fee may be awarded in addition to judgment. 51 H. 540, 465 P.2d 580 (1970).
Trial court has discretion in awarding attorney's fees. 54 H. 611, 513 P.2d 487 (1973).
Mentioned: 76 H. 487, 879 P.2d 1070 (1994).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-13 No awards except upon legal evidence.

§662-13 No awards except upon legal evidence.
In no case shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1957, c 312, pt of §1; Supp, §245A-13; HRS §662-13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-14 Exclusiveness of remedy.

§662-14
Exclusiveness of remedy.
(a) The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize any other actions against the State or such agency on claims cognizable under this chapter, and the rights and remedies provided by this chapter and section 661-11 shall be exclusive.
(b) The remedy against the State provided by this chapter and section 661-11 for injury or loss of property, or personal injury or death, arising or resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the course and scope of the employee's office or employment shall be exclusive whenever the State agrees to be fully liable for the injuries, losses, and damages caused by the negligent or wrongful act or omission of the professionally licensed or certified employee. Any civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee's estate shall thereafter be precluded without regard to when the act or omission occurred; provided that claims based on liability arising from employment with an employer other than the State shall not be precluded. When an employee is named as a defendant in an individual capacity, the State may notify all parties in writing that the State is invoking exclusive liability by agreeing to be fully liable for the injuries, losses, and damages caused by the professionally licensed or certified employee, and the action or proceeding shall thereafter proceed against the State alone. The employee shall remain personally liable for those injuries, losses, and damages for which the State has not accepted responsibility.
(c) Nothing in this section shall create a right, claim, or cause of action by an employee against the State if the State does not invoke exclusive liability.
(d) The State shall retain the right to seek reimbursement from an employee if, after invoking exclusive liability, the State discovers that the employee was not acting within the course and scope of the employee's office or employment. [L 1957, c 312, pt of §1; Supp, §245A-14; HRS §662-14; am L 1972, c 164, §2(d); am L 2022, c 44, §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-17 Benefits and obligations of parents of minor employees.

§662-17 Benefits and obligations of parents of minor employees.
All benefits and obligations conferred or imposed upon employees of the State by this chapter are conferred or imposed upon the parents or legal guardians of the employee when the employee is a minor. [L 1988, c 174, §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 662. State Tort Liability Act › 662-18 Conclusive presumptions; unexploded ordnance on Kaho €˜olawe and in the ocean adjacent to Kaho €˜olawe.

§662-18 Conclusive presumptions; unexploded ordnance on Kaho €˜olawe and in the ocean adjacent to Kaho €˜olawe.
(a) The State shall have a duty to warn persons who enter the Kaho €˜olawe island reserve specifically of the dangers posed by unexploded ordnance on the island or in the adjacent ocean.
(b) A sign, signs, or other device warning of the dangers posed by unexploded ordnance on the island or in the adjacent ocean shall be conclusively presumed to be legally adequate to warn of those dangers if:
(1) The State posts the sign, signs, or other device on the island; and
(2) The design and placement of the sign, signs, or other device is approved by the Kaho €˜olawe island reserve commission.
(c) Prior to approving the design and placement of a warning sign, signs, or device under this section, the Kaho €˜olawe island reserve commission shall:
(1) Consider the needs of the public to be warned of the dangers posed by unexploded ordnances on the island and in its adjacent ocean; and
(2) Consult the task force on warning signs and devices for the Kaho €˜olawe island reserve.
The Kaho €˜olawe island reserve commission may seek the advice of the United States Navy or other agency of the United States of America with respect to the appropriate design of warning signs or devices and their placement. The Kaho €˜olawe island reserve commission may require warning signs or devices in addition to the signage before approving the design and placement of a warning sign or device.
(d) Approval of the design and placement of a warning sign or device under this section shall be a discretionary function under section 662-15(1).
(e) If a warning sign or device posted or established in accordance with this section is vandalized, otherwise removed, or made illegible, the conclusive presumption provided by subsection (b) shall continue for a period of ten days from the date that the vandalism, removal, or illegibility is discovered by the State. The Kaho €˜olawe island reserve commission shall maintain a record regarding each report of vandalism, removal, or illegibility that results in the replacement of a warning sign or device on the island of Kaho €˜olawe. The record shall include the date and time of the report and of the replacement of the warning sign or device.
(f) Chapter 91 shall not apply to any action taken, or any procedure followed by the Kaho €˜olawe island reserve commission pursuant to this section. [L 2002, c 218, §2]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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.
2023 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]
2023 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.
2023 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).
2023 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]
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.