CHAPTER 663

TORT ACTIONS

Part I. Liability; Survival of Actions

Section

663-1 Torts, who may sue and for what

663-1.2 Tort liability for breach of contract; punitive damages

663-1.3 "Ad damnum" clause prohibited

663-1.4 Payment of reasonable attorney's fees and costs in

defense of suit

663-1.5 Exception to liability

663-1.53 Liability for operation of a family child care home

663-1.54 Recreational activity liability

663-1.55 Volunteer firefighters; limited liability

663-1.6 Duty to assist

663-1.7 Professional society; peer review committee; ethics

committee; hospital or clinic quality assurance

committee; no liability; exceptions

663-1.8 Chiropractic society; peer view committee; no

liability; exceptions

663-1.9 Exception to liability for health care provider,

authorized person withdrawing blood or urine at the

direction of a police officer

663-1.95 Employers' job reference immunity

663-2 Defense of lawful detention

663-3 Death by wrongful act

663-4 Actions which survive death of wrongdoer or other

person liable

663-5 Death of defendant, continuance of action

663-6 Death of wrongdoer or other person liable prior to

suit, time for commencing action against the estate

663-7 Survival of cause of action

663-8 Damages, future earnings

663-8.3 Loss or impairment of earning capacity; damages

663-8.5 Noneconomic damages; defined

663-8.7 Limitation on pain and suffering

663-8.9 Serious emotional distress arising from property

damage; cause of action abolished; exception for

physical injury

663-9 Liability of animal owners

663-9.1 Exception of animal owners to civil liability

663-9.5 Liability of firearm owners

663-10 Collateral sources; protection for liens and rights of

subrogation

663-10.5 Government entity as a tortfeasor; abolition of joint

and several liability

663-10.6 Exemption for providing shelter and subsistence to the

needy

663-10.9 Abolition of joint and several liability; exceptions

663-10.95 Motorsports facilities; waiver of liability

Part II. Uniform Contribution Among Tortfeasors Act

663-11 Joint tortfeasors defined

663-12 Right of contribution; accrual; pro rata share

663-13 Judgment against one tortfeasor

663-14, 15 Repealed

663-15.5 Release; joint tortfeasors; co-obligors; good faith

settlement

663-16 Indemnity

663-17 Third-party practice; enforcement of right to

contribution; unnamed defendants and third party

defendants

Part III. Advance Payments in Personal Injury and

Property Damage Cases

663-21 Advance payments not admission

663-22 Reduction of award

663-23 Refund of payments

663-24 Effect on insurance

Part IV. Comparative Negligence

663-31 Contributory negligence no bar; comparative

negligence; findings of fact and special verdicts

Part V. Civil Action; Intoxication of Persons

Under Age Twenty-One

663-41 Right of action

663-42 Subrogation claims denied

Note

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

Conclusive presumptions relating to duty of public entities to warn of dangers:

At public beach parks (repealed June 30, 2007). L 1996, c 190, §2; L 1999, c 101; L 2002, c 170, §2.

On improved public lands; recommendations and reports (repealed June 30, 2008). L 2003, c 82.

Exception to liability for county lifeguard services (repealed June 30, 2007). L 2002, c 170, §5.

Cross References

Emergency use of private real property, see chapter 135.

Law Journals and Reviews

Products Liability in Hawaii. 14 HBJ 127.

The Negligent Infliction of Mental Distress II, or "How Far Is Too Far?". 14 HBJ 151.

Hawaii's Loss of Consortium Doctrine: Our Substantive, Relational Interest Focus. VII HBJ No. 13, at p. 59.

The Scope of Liability for Negligent Infliction of Emotional Distress: Making "the Punishment Fit the Crime". 1 UH L. Rev. 1.

Torts and Workers' Compensation. 2 UH L. Rev. 209.

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.

Beyond Compensation: Dealing with Accidents in the 21st Century. (International Workshop). 15 UH L. Rev. 523.

AIDS Phobia: The Infliction of Emotional Distress and the Fear of AIDS. 16 UH L. Rev. 143.

United States v. Burke and Internal Revenue Code Section 104(a)(2): When Will Personal Injury Damages Be Taxed? 16 UH L. Rev. 263.

Recreational Activity Liability in Hawai`i: Are Waivers Worth the Paper on Which They Are Written? 21 UH L. Rev. 715.

Hawai`i's Response to Strategic Litigation Against Public Participation and the Protection of Citizens' Right to Petition the Government. 24 UH L. Rev. 411.

Child Pornography on the Internet: The Effect of Section 230 of the Communications Decency Act of 1996 on Tort Recovery for Victims Against Internet Service Providers. 24 UH L. Rev. 763.

Fido Seeks Full Membership In The Family: Dismantling The Property Classification of Companion Animals By Statute. 25 UH L. Rev. 481.

Scientific Expert Admissibility in Mold Exposure Litigation: Establishing Reliability of Methodologies in Light of Hawai`i's Evidentiary Standard. 26 UH L. Rev. 99.

Case Notes

County fulfilled its duty of providing adequate warning of extremely dangerous shorebreak present at beach park on date of accident. 122 F. Supp. 2d 1140.

Previous Vol13_Ch0601-0675 Next