reglab/statecodes huggingface dataset:
2023 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).
In a claim for wrongful death of a fetus, plaintiff was not foreclosed from being awarded damages under this section, even though plaintiff's complaint did not mention this section. A liberal reading of plaintiff's complaint would put defendant on notice that plaintiff was bringing forth a claim on behalf of the fetus's estate, the claim arose out of defendant's negligence resulting in the fetus's death, and plaintiff would be pursuing general damages in an amount to be proven at trial, which could include damages for the loss of enjoyment of life. 137 H. 179 (App.), 366 P.3d 1058 (2016).
2023 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).
2023 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]
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-10.99 Trespass; limited liability of agricultural land owner.

§663-10.99 Trespass; limited liability of agricultural land owner.
(a) An owner of agricultural land shall not be liable for any injury, death, loss, or damage suffered by a trespasser on the owner's agricultural land, unless the injury, death, loss, or damage was:
(1) Intentionally inflicted upon the trespasser by the owner of the land; or
(2) Caused by the gross negligence of the owner of the land.
(b) For purposes of this section, unless the context otherwise requires:
"Agricultural land" means any land in excess of four acres used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land.
"Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.
"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, family, organization, entity, or corporation that is in control, possession, or use of the land, and their members, agents, partners, representatives, shareholders, and employees.
"Trespasser" means a person who enters or remains unlawfully on the agricultural land without the permission of the owner, and the lands:
(1) Are fenced, enclosed, secured in a manner designed to exclude the general public, or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle used to secure livestock;
(2) Have a sign or signs displayed on the land that are sufficient to give reasonable notice and that read as follows: "No Trespassing" or a substantially similar message; provided that the sign or signs shall consist of letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or
(3) At the time of entry, are fallow or have a visible presence or evidence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:
(A) Under cultivation;
(B) In the process of being harvested; or
(C) That has been harvested. [L 2011, c 208, §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-11 Joint tortfeasors defined.

Case Notes
Joint and several liability imposed on asbestos manufacturers in products liability action. 960 F.2d 806 (1992).
Discussed, where defendant did not have a right of contribution for intentional torts alleged in the complaint against it. 293 F. Supp. 2d 1144 (2003).
§663-11 Joint tortfeasors defined.
For the purpose of this part the term "joint tortfeasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. [L 1941, c 24, §1; RL 1945, §10487; RL 1955, §246-10; HRS §663-11]
Rules of Court
Parties, see HRCP rules 19, 20; DCRCP rule 20.
Law Journals and Reviews
Ozaki and Comparative Negligence: Imposing Joint Liability Where a Duty to Protect or Prevent Harm from Third Party Intentional Tortfeasors Exits Is Fairer to Plaintiffs and Defendants. 26 UH L. Rev. 575 (2004).
Case Notes
As to rights of the children against driver of other car. 244 F.2d 604 (1957).
Settlement of action by defendants established both defendants as joint tortfeasors. 884 F.2d 492 (1989).
There must be common liability to injured person. 73 F. Supp. 707 (1947).
Father may not be joined as joint tortfeasor where children are plaintiffs. 135 F. Supp. 376 (1955).
Master and servant not joint tortfeasors, where master liable only under doctrine of respondeat superior. 7 H. 196 (1887).
Culpability among joint tortfeasors. 45 H. 128, 363 P.2d 969 (1961).
Minor son of plaintiff may be liable as joint tortfeasor to plaintiff. 51 H. 74, 450 P.2d 998 (1969).
Parents are liable for torts to their minor children, and they may be joined as joint tortfeasors in action by children against third party. 51 H. 484, 462 P.2d 1007 (1969).
An employee and employee's vicariously liable employer are joint tortfeasors as defined by this section. 78 H. 1, 889 P.2d 685 (1995).
Where condominium association's and murderer's tortious conduct resulted in same injury to victim, condominium association and murderer were joint tortfeasors. 87 H. 273 (App.), 954 P.2d 652 (1998).
Construing the language of § §431:10C-301 and 431:10C-103 governing uninsured motorist (UM) and underinsured motorist (UIM) insurance according to their plain and commonly understood meaning and in pari materia with §663-10.9 and this section, UM and UIM policies must provide coverage for all damages which an insured is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle, which necessarily encompasses damages for which the owner or operator of an uninsured or underinsured motor vehicle is jointly and severally liable pursuant to §663-10.9 and this section. 120 H. 329 (App.), 205 P.3d 594 (2009).
Cited: 133 H. 1, 323 P.3d 792 (2014).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-13 Judgment against one tortfeasor.

§663-13 Judgment against one tortfeasor.
The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors. [L 1941, c 24, §3; RL 1945, §10489; RL 1955, §246-12; HRS §663-13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-16 Indemnity.

§663-16 Indemnity.
This part does not impair any right of indemnity under existing law. [L 1941, c 24, §6; RL 1945, §10492; RL 1955, §236-15; HRS §663-16]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-21 Advance payments not admission.

§663-21 Advance payments not admission.
In any action, including a medical tort, as defined in section 671-1, brought to recover damages for personal injuries, wrongful death or property damage no payment made by the defendant or the defendant's insurance company, whether made before or after the complaint is filed, to or for the plaintiff or any other person, hereinafter called an "advance payment", shall be construed as an admission of liability by any person. Except as provided in section 663-22, evidence of such payment shall not be admissible during the trial for any purpose by either plaintiff or defendant. [L 1969, c 233, §1; am L 1976, c 219, §19]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-22 Reduction of award.

§663-22
Reduction of award.
If in such action it is determined that plaintiff is entitled to recover, defendant may introduce evidence of any advance payment made, and the court shall reduce the award to the plaintiff to the extent that said award includes an amount paid by any such advance payment. [L 1969, c 233, §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-23 Refund of payments.

§663-23 Refund of payments.
If such action results in a final judgment for defendant, plaintiff, upon receipt of a written demand, shall refund to defendant or defendant's insurance company any advance payment made to or for the plaintiff by defendant or defendant's insurance company. [L 1969, c 233, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-24 Effect on insurance.

§663-24 Effect on insurance.
No advance payment made by an insurance company on behalf of an insured shall increase the limits of liability of the insurance company under any existing policy of insurance, and the amount of any advance payment made in respect to any claim shall be credited against any obligation of the insurance company in respect to said claim. [L 1969, c 233, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-41 Right of action.

§663-41 Right of action.
(a) Any person twenty-one years or older who:
(1) Sells, furnishes, or provides alcoholic beverages to a person under the age of twenty-one years; or
(2) Owns, occupies, or controls premises on which alcoholic beverages are consumed by any person under twenty-one years of age, and who knows of alcohol consumption by persons under twenty-one years of age on such premises, and who reasonably could have prohibited or prevented such alcohol consumption;
shall be liable for all injuries or damages caused by the intoxicated person under twenty-one years of age.
(b) This section shall not apply to sales licensed under chapter 281.
(c) An intoxicated person under the age of twenty-one years who causes an injury or damage shall have no right of action under this part. [L 2003, c 69, pt of §1]
Case Notes
There was actually no indication that this section was meant to encompass the instant factual situation where the injury was inflicted directly upon the minor by the host (defendant) through the provision of alcohol, and the claim was only between the minor and the host; thus, this section does not apply in a case where the intoxicated minor has not caused damage or injury to an innocent third party, and therefore did not bar the claims made by plaintiff (parents of decedent minor) against defendant. 130 H. 282, 308 P.3d 911 (2013).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-42 Subrogation claims denied.

§663-42 Subrogation claims denied.
There shall be no recovery for any subrogation claim pursuant to any subrogation clause of an uninsured, underinsured, collision, or other first-party coverage as a result of payments made to persons who have claims that arise in whole or in part under this part. [L 2003, c 69, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663. Tort Actions › 663-51 Definitions.

§663-51 Definitions.
As used in this part:
"Board" means the board of land and natural resources.
"Improved public lands" means lands designated as part of the state park system, parks, and parkways under chapter 184, or as part of a county's park system, and lands which are part of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and structures constructed upon such lands. For purposes of this part, "improved public lands" excludes ocean and submerged lands.
"Public entity" means "government entity" as defined in section 663-10.5. [L 2003, c 82, pt of §2, §8; am L 2007, c 152, §5; am L 2008, c 144, §1; am L 2009, c 81, §3; am L 2014, c 86, §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663A. Civil Liability for Shoplifting › 663A-1 Definitions.

§663A-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale at retail.
"Merchandise" means all things movable and capable of manual delivery.
"Owner" means any person who owns or operates a mercantile establishment or the agents or employees of that person.
"Shoplifting" means the specific type of theft offense defined in section 708-830(8). [L 1985, c 275, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663A. Civil Liability for Shoplifting › 663A-2 Damages and penalties.

§663A-2 Damages and penalties.
(a) Any person who takes possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual's own use without having paid the purchase price thereof, who alters the price indicia of such merchandise, or who takes any other action that constitutes the offense of shoplifting, shall be civilly liable to the owner of the mercantile establishment for either:
(1) Actual damages and a civil penalty of $75, if a written demand is made pursuant to subsection (e), for the actual damages and this civil penalty; or
(2) Actual damages, a civil penalty of $75, and an additional civil penalty of not less than $50 nor more than $500, to recover the costs and expenses of bringing a civil suit, as determined by the court.
(b) A conviction for theft under section 708-830 to 708-833 is not a condition precedent to the maintenance of a civil action under this section.
(c) A civil liability under this section is not limited by another law that limits liability of parents or minor children.
(d) An action for recovery of damages and the assessment of the civil penalties under this section may be brought in any court of competent jurisdiction, including the small claims division of a district court.
(e) The fact that an owner of a mercantile establishment may bring an action against an individual for damages as provided in this section shall not limit the right of the owner of a mercantile establishment to demand, in writing, prior to the commencement of any legal action, that a person who is liable for damages under this section remit said damages and the amount of civil penalty allowed in section 663A-2.
(f) Judgments, but not claims, arising under this section may be assigned. [L 1985, c 275, pt of §1]
Cross References
Shoplifting penalties, see §708-833.5.
Unlawful removal of shopping carts, see §633-16.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663B. Equine Activities › 663B-2 Equine activities; rebuttable presumption.

§663B-2 Equine activities; rebuttable presumption.
(a) In any civil action for injury, loss, damage, or death of a participant, there shall be a presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. An injured person or their legal representative may rebut the presumption of no negligence by a preponderance of the evidence.
(b) Nothing in this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or their employees or agents if the equine activity sponsor, equine professional, or person:
(1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was a proximate cause of the injury;
(2) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity; or determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability; or determine the characteristics of the particular equine and suitability of the equine to participate in equine activities with the participant; or failed to reasonably supervise the equine activities and such failure is a proximate cause of the injury;
(3) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or reasonably should have been known to the equine activity sponsor, equine professional, or person, or for which reasonable warning signs have not been conspicuously posted;
(4) Commits an act or omission that constitutes gross negligence or wilful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
(5) Intentionally injures the participant.
(c) Nothing in subsection (a) shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws or in sections 142-63, 142-64, 142-65, 142-66, and 142-68. [L 1994, c 249, pt of §1]
Revision Note
Subsection (c) redesignated pursuant to §23G-15.
Case Notes
If plaintiff's claims that ranch tour guide failed to reasonably supervise the equine activities that were the proximate cause of plaintiff's injury were correct, the presumption of non-negligence set forth in this section would not apply; thus it was error for trial court to apply this section to the case. 111 H. 254, 141 P.3d 427 (2006).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-1 Definitions.

§663E-1 Definitions.
As used in this chapter:
"Illegal drug" means "dangerous drugs" or a "harmful drug" as defined in section 712-1240.
"Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user.
"Illegal drug market target community" is the area described under section 663E-5.
"Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter.
"Level four offense" means the illegal possession of sixteen ounces or more or the illegal distribution of four ounces or more of an illegal drug.
"Level one offense" means the illegal possession of one-fourth ounce or more, but less than four ounces, or the illegal distribution of less than one ounce of an illegal drug.
"Level three offense" means the illegal possession of eight ounces or more, but less than sixteen ounces, or the illegal distribution of two ounces or more, but less than four ounces, of an illegal drug.
"Level two offense" means the illegal possession of four ounces or more, but less than eight ounces, or the illegal distribution of one ounce or more, but less than two ounces, of an illegal drug.
"Participate in the illegal drug market" means to illegally:
(1) Distribute an illegal drug;
(2) Possess with an intent to distribute;
(3) Commit an act intended to facilitate the marketing or distribution of an illegal drug;
(4) Commit any of the marketing or distribution of an illegal drug; or
(5) Conspire to commit any of the foregoing acts.
"Period of illegal drug use" means, in relation to the individual drug user, the entire time of the individual's illegal use of an illegal drug. In cases where the testimony of the individual drug user is unavailable, the period of illegal drug use is presumed to commence two years before the earliest known use by the individual drug user, unless the defendant proves otherwise by clear and convincing evidence.
"Place of illegal drug activity" means, in relation to the individual drug user, the place in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use.
"Place of participation" means, in relation to a defendant in an action brought under this chapter, the place at which the person participates in the illegal drug market or at which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-2 Recovery of damages.

§663E-2 Recovery of damages.
(a) One or more of the following persons may bring an action to recover for damages caused by an individual's use of an illegal drug:
(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;
(2) An individual who was exposed to an illegal drug in utero;
(3) An employer of the individual drug user;
(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; or
(5) A person injured as a result of the intentional, knowing, reckless, or negligent actions of an individual drug user.
(b) A person entitled to bring an action under this section may seek damages from one or more of the following:
(1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, the illegal drug that was used by the individual drug user;
(2) A person who knowingly participated in the illegal drug market, but only if:
(A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;
(B) The defendant's participation in the illegal drug market was involved with the same type of illegal drug used by the individual drug user; and
(C) The defendant participated in the illegal drug market at any time during the individual drug user €™s period of illegal drug use.
(c) A person entitled to bring an action under this section may recover all of the following damages:
(1) Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss associated with the illegal drug use;
(2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses associated with an individual €™s use of an illegal drug;
(3) Exemplary damages;
(4) Reasonable attorney's fees; and
(5) Costs of suit, including but not limited to reasonable expenses for expert testimony. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-3 Limitations for recovery of damages; state recovery.

§663E-3 Limitations for recovery of damages; state recovery.
(a) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. An individual drug user may bring an action for damages caused by that individual's use of an illegal drug only if all of the following conditions are met:
(1) The individual has not used an illegal drug within the six months before filing the action; and
(2) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.
(b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, the illegal drug that was used by the individual drug user.
(c) A person entitled to bring an action under this section may recover only the following damages:
(1) Economic damages, including but not limited to the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss associated with the person's illegal drug use;
(2) Reasonable attorney's fees; and
(3) Costs of suit including but not limited to reasonable expenses for expert testimony.
(d) Twenty-five per cent of any actual recovery of damages by the plaintiff under this section, whether by settlement, execution on a judgment, or otherwise, shall be turned over to the State for deposit into the general fund. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-4 Third party cases.

§663E-4 Third party cases.
Notwithstanding any other law to the contrary, no person shall be liable under this chapter under civil principles of vicarious liability. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-5 Illegal drug market target community.

§663E-5 Illegal drug market target community.
A person who participates in the illegal drug market at a level one, two, three, or four offense shall be considered to have participated in the following illegal drug market target communities:
(1) For a level one offense, the area identified by the tax map section in which the defendant €™s place of participation is situated;
(2) For a level two offense, the area identified by the tax map zone in which the defendant €™s place of participation is situated;
(3) For a level three offense, the county; provided that in the case of Maui and Kauai counties, the target community shall be any island in the respective county; and
(4) For a level four offense, the entire State. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-6 Joinder of parties.

§663E-6 Joinder of parties.
(a) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common, and if each plaintiff's illegal drug user's period of illegal drug use overlaps in time with each other.
(b) Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.
(c) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-7 Comparative responsibility.

§663E-7 Comparative responsibility.
(a) An action by an individual drug user shall be governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
(b) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c) Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-8 Contribution among and recovery from multiple defendants.

§663E-8 Contribution among and recovery from multiple defendants.
Except as otherwise provided in this chapter, part II of chapter 663 shall apply to a cause of action established by this chapter. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-9 Standard of proof; effect of criminal drug convictions.

§663E-9 Standard of proof; effect of criminal drug convictions.
(a)
Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b) A person against whom recovery is sought who has a final criminal conviction pursuant to section 712-1241, 712-1242, 712-1244, 712-1245, or 712-1240.5, 712-1240.6, or 712-1249.7 or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, 84 Stat. 1236 (21 U.S.C. §801 et seq.), arising out of an act or acts within the meaning of the term "participate in the illegal drug market" is estopped from denying participation in the illegal drug market. Such a conviction creates a rebuttable presumption that the person participated in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.
(c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person under this chapter. [L 2004, c 44, pt of §13]
Note
Section 712-1240.6 referred to in text is repealed.
Cross References
Methamphetamine trafficking, see § §712-1240.7 and 712-1240.9.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-10 Defense.

§663E-10 Defense.
[(a)] It is a defense to any action brought pursuant to this chapter that the person who possessed, distributed, or facilitated the marketing or distribution of a dangerous or harmful drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.
[(b)] A law enforcement officer or agency, the State, or a person acting at the direction of a law enforcement officer or agency or the State is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation. [L 2004, c 44, pt of §13]