Hawaii Tort Laws

In 2022, circuit courts throughout Hawaii handled a total of 12,465 civil cases. More than 1,300 of these cases were torts related to motor vehicles, while non-vehicle torts reached up to 1,450. Additionally, the state recorded 180 cases involving medical malpractice, while product liability cases reached a total of 101.

These statistics reveal how torts make up a considerable part of civil cases in Hawaii. They can occur in different ways, and they differ from personal injury matters as they involve damages other than physical harm. Because of this, it can be difficult for victims to know what their potential legal options are.

This article will provide Hawaiians with information related to the state’s tort laws and guidelines. It will also provide a basic summary of the limitations and processes involved in case they are involved in a tort case.

Basic Tort Categories in Hawaii

Negligent Torts

When a person in Hawaii suffers harm due to the negligence of another individual, that is considered a negligent tort. A person is deemed negligent if they fail to follow the proper standard of care that is normally required of them in any situation. This standard can come in different forms, such as:

• A motorist following the rules of the road;

• A medical professional treating a patient within the standards of their practice;

• A store owner maintaining their property to prevent unwanted hazards.

Negligent torts often involve the following scenarios:

• Automobile accidents;

• Slips and falls;

• Medical malpractice;

• Premises liability.

To determine whether a person is liable for negligence, the victim must prove specific legal elements. They are as follows:

• The defendant owed the victim a duty of reasonable care.

• The defendant breached that duty of care.

• The victim suffered harm in a mishap caused by the defendant’s breach of duty.

• The victim’s injury was directly caused by that breach of duty.

Intentional Torts

Intentional torts are similar to negligent ones in the sense that they result in another person’s injury. However, they are caused by another individual's deliberate action as opposed to ordinary negligence.

In cases concerning intentional torts, courts in Hawaii determine whether the defendant acted with general or specific intent. General intent involves a person who acts purposefully but is not looking for any particular results from their actions. Conversely, specific intent involves a defendant who acts intentionally to achieve a specific outcome.

For example, an intentional tort can involve a person who was defamed and consequently lost their job. If the defendant intentionally defamed them but did not intend for them to get fired, the tort falls under general intent. If they defamed the victim intending to get them fired, that is considered specific intent.

The following are examples of intentional torts:

• Assault

• Battery

• Fraud

• Defamation

• Intentional infliction of emotional distress.

While government entities and employees can be sued for negligence under the Hawaii State Tort Liability Act, the law’s provisions do not apply to intentional torts. If a victim wishes to sue a government employee in such a case, they must prove that the latter acted with malice.

Strict Liability Torts

When a strict liability tort occurs in Hawaii, a person is held liable regardless of whether they were negligent or intentional with their actions. Most cases of strict liability torts involve product liability, where people suffer harm due to design or manufacturing defects in products.

Strict liability torts can also stem from actions like demolition, blasting, or the disposal of hazardous materials. This is because of their uncommon and inherently dangerous nature, which sets them apart from ordinary routines. As such, any person who injures another while carrying out these activities will be held strictly liable.

Dog Bites

Hawaii also adheres to strict liability provisions when it comes to dog bites. This means that a dog owner will be held “absolutely liable” for any injuries their dog inflicts. This applies even if the owner is unaware of the canine’s potential risk of harming someone.

Strict liability rules for dog bites will not apply if:

• The person bitten was trespassing at the time.

• The person bitten was teasing, abusing, or tormenting the dog without the owner’s knowledge or involvement.

• The dog was defending its owner or another person.

Additionally, Hawaii has a “leash liability” provision for the owners of dangerous dogs. These are canines that attack without provocation or show behavioral signs of doing so. If such a dog is not leashed and ends up biting someone, their owner will be held strictly liable for the resulting damages.

Other Tort Categories in Hawaii

Economic Torts

While most torts involve bodily injuries and related damages, they can also include other types of losses. One example is an economic tort, which concerns dishonest transactions or fraudulent commercial activities. Due to the commercial laws and regulations involved, this type of tort is frequently more complex to resolve than ordinary torts.

Oftentimes, economic torts take place in offices or corporations. They can be committed by employees, shareholders, or company owners, though they can also involve ordinary people. Generally, they include:

• Copyright infringement

• Unfair trade practices

• Theft of trade secrets

• Trade libel

• Breaches of contract.

Nuisances

When a person’s activities or actions disrupt the safety or comfort of another, that is considered a nuisance. When this happens, the person being disrupted can seek injunctive relief or recover damages. Nuisances are categorized as either private or public based on the number of people affected.

Public Nuisances

As the term implies, public nuisances involve those that disrupt the safety or welfare of the general public. Examples can include a company that expels toxic waste into bodies of water or establishments that play excessively loud music.

The lawsuit that the city of Honolulu brought against various oil and gas companies in 2020 serves as one specific illustration. Part of the complaint stems from the companies’ burning of fossil fuels. In the lawsuit, Honolulu considers the companies’ activities as a contributing factor to climate change and the negative effects it has experienced.

Private Nuisances

Private nuisances are cases where an individual negatively affects the enjoyment or use of another person’s property. An example of this would be a person who disrupts their neighbor with constant loud noises or extremely bright lights. They can also involve people who contaminate a neighbor’s property through waste disposal or pollution.

Nuisance Abatement

Under its nuisance abatement law, Hawaii also allows citizens to take legal action against the owners of places that are involved in drugs, prostitution, gambling, or other obscenities. The government will address such nuisances regardless of whether they are public or private.

Tort vs. Crime in Hawaii

While they seem similar, torts and crimes are different legal concepts. Torts are defined as unjust acts that lead to physical harm and other types of damage to another person. Meanwhile, crimes are unlawful actions and activities that cause harm to society in general.

However, there are specific actions that are classified as both crimes and torts. This means that a defendant can be punished under Hawaii law and made to pay a victim’s damages at the same time. For example, a drunk driver who caused a car crash can be both convicted for their offense and held liable for the losses of the victims.

Torts that are also categorized as crimes include:

• Assault and battery

• Homicide

• False imprisonment

• Theft

• Damage to property (such as vandalism).

If a person is charged with both a crime and a tort, the court will follow different rules of liability. This means that while they can be acquitted of a crime, they can still be held liable for damages.

Mass Torts in Hawaii

Mass torts in Hawaii occur when multiple people suffer harm and damages due to the negligence of a single entity. They can stem from defective products, dangerous drugs, and commercial airplane accidents. As such, they often involve large-scale companies and corporations.

When a mass tort case is formed, the victims involved will file their own individual lawsuits. Each suit is evaluated separately, meaning that victims will receive their own share of damages. In addition, courts must determine which laws apply to each victim’s case. As a result, mass torts take even longer to resolve than ordinary torts.

Plaintiffs who are involved in a mass tort can choose to pool their resources. Their attorneys can work together in gathering evidence and collecting testimonies to build their individual claims. They can also negotiate a better position in the case than they would be able to do individually.

Mass Torts vs. Class Actions

Though they may sound the same, mass torts and class actions differ from each other. Specifically, a class action involves multiple plaintiffs who are chosen as representatives in a “class.” They will be treated as a single party, and their claims will be consolidated into a single case. Furthermore, they will receive the same amount of compensation.

For a class action to form, the following federal requirements must be met:

• There are too many plaintiffs to join in one lawsuit.

• The plaintiffs share the same questions of law or fact.

• The representatives’ claims are similar to those of the other plaintiffs.

• The representatives will fairly and adequately advocate for the interests of the other plaintiffs.

While a class action suit can progress faster, it does have disadvantages. For instance, the class is bound to accept whatever settlement or verdict the court will decide on. This means that the plaintiffs cannot negotiate a higher amount of compensation. Additionally, those who choose to become class members are given minimal involvement in the case.

The Mass Tort Process

The mass tort process in Hawaii begins when victims file their suit with the federal court. Each party’s claim will be consolidated, even if they live outside the state. Their claims will then be handled through multidistrict litigation.

The plaintiffs’ attorneys will prepare their case by reviewing any relevant records that support their claim. They will also evaluate each victim’s medical history to determine whether the harm they have suffered is connected to an underlying condition.

Once a judge has been appointed to the case, they will gather the plaintiffs’ lawyers into a steering committee that will oversee the discovery process. This is when they will gather relevant information and conduct interviews to further strengthen the case.

During this time, the court may choose cases from the plaintiffs’ side to evaluate in a practice run called a bellwether trial. This will help the jury get a deeper grasp of the cases while also showing the plaintiffs how their claims may fare in court. In most instances, the outcome of a bellwether trial can determine the possible outcome of the remaining cases.

Once this is done, the case will proceed as normal, with each plaintiff having their own trial. Those who wish to learn more about Hawaii’s process for mass tort cases can speak to an attorney.

Hawaii Tort Liability Insurance Requirements

To cover tort-related expenses, businesses in Hawaii can purchase liability insurance. The state does not require this type of coverage specifically, though business owners are advised to have it. The amount of coverage they should get depends on the type of business and the number of employees they have.

However, Hawaiian companies with commercial vehicles are required to have commercial auto insurance. This is used to cover damages in case one of their drivers causes an accident on the job. The minimum amounts for this coverage are as follows:

• $20,000 for injuries per person;

• $40,000 for injuries per accident;

• $10,000 for property damage;

• $10,000 for personal injury protection per person.

The Statute of Limitations for Tort Cases in Hawaii

Most negligence-based claims in Hawaii must be filed within two years from the date they occurred. This applies to cases involving injury, medical malpractice, wrongful death, and claims against the state. If a tort claim stems from fraud, the deadline is six years. Any victim who fails to file within the given deadlines will have their case dismissed.

However, Hawaii does follow the discovery rule in medical malpractice cases. This means that the two-year statute of limitations will not begin counting down until the date when the victim discovers or should have reasonably discovered their injury. The statute can be extended for up to six years in such cases.

Furthermore, Hawaii follows a six-year deadline for medical malpractice cases where the victim is a minor. If the victim is younger than 10 years old, they will be given either six years or until their tenth birthday to file a suit, whichever period is longer.

Lastly, Hawaii pauses the statute of limitations for other tort cases where the victim is a minor, legally insane, or imprisoned for a term shorter than their life. As such, the deadline will only begin counting down after they turn 18, recover from their insanity, or are released from prison.

How Much Can Someone Sue in a Tort Case in Hawaii?

The total compensation a tort victim in Hawaii can recover depends on the nature of their losses and the circumstances of their case. Part of their potential compensation includes monetary damages such as medical costs, lost income, and rehabilitative expenses. They can also recover non-economic damages stemming from pain and suffering, loss of consortium, and emotional distress.

While Hawaii does not limit economic damages in tort cases, it does cap non-economic damages at $375,000. However, this limitation does not apply to:

• Intentional and toxic tort cases;

• Product and strict liability cases;

• Motor vehicle accident cases where highway design and maintenance are factors.

Hawaii also follows the modified comparative negligence doctrine for tort cases. This rule deducts the total damage awards of plaintiffs who are partially liable for their injuries. The deduction is equal to the percentage of the plaintiff’s fault in the case. If the plaintiff’s fault is equal to or greater than 51%, they will no longer be able to recover damages.

Other Legal Remedies in Tort Cases in Hawaii

Injunctions

Tort victims in Hawaii can apply for injunctions in their cases. These are court orders that prohibit defendants from continuing any actions that inflict harm upon victims.

Under state law, any application for an injunction must first be presented to a local circuit judge. They will evaluate the application alongside two other circuit judges. This is done within five days after the Hawaii Supreme Court has been notified of the application.

If the victim is at risk of further harm, the circuit judge evaluating their application can issue a temporary restraining order. This can last for up to 10 days unless the judges involved decide by majority to extend it. This can only be done once, though another extension can be issued if the defendant in the case agrees to it.

After a TRO has been issued, the hearing for the injunction will proceed within the next five days. Once the hearing commences, the TRO will be dissolved.

Restitution

If a person suffers harm in a tort that is also considered a crime, they can also seek restitution. A defendant may be required to pay a specific amount of restitution regardless of their financial ability. The court will only take their economic situation into account when determining the schedule and manner of payments.

Resources for Tort Victims in Hawaii

Hawaii State Bar Association

The Hawaii State Bar Association provides people with assistance through its public services. Users can participate in the organization’s Legal Line program every Wednesday from 6:00 p.m. to 7:00 p.m. to make inquiries regarding potential legal assistance. They can also contact the Lawyer Referral & Information Service office at (808) 537-9140 or LRIS@hsba.org for potential attorney referrals.

Hawaii Department of Accounting and General Services - Form RMTC

The Hawaii Department of Accounting and General Services has an online copy of Form RMTC that people can use when filing a tort claim against the state. Potential plaintiffs can download and print the form or have it typewritten. The webpage also offers information on where to submit the completed form and what type of details are required.

Legal Aid Society of Hawaii - Self-Help Centers

The Legal Aid Society of Hawaii assists people in looking for self-help resources and additional legal information through its website. Its directory provides users with the names, locations, and contact information of different self-help centers throughout the state.