HAWAII

Negligence / Personal Injury
2 Years Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13. Haw. Rev. Stat. § 657-7
Toxic Tort
2 Years Haw. Rev. Stat 657-7/strict products liability claim for asbestos-related lung disorder caused by decedent's exposure to asbestos friction products while working as automotive mechanic accrued on date decedent filed his worker's compensation claim, as uncontroverted evidence established that decedent knew he suffered from lung disorder caused by occupational exposure to asbestos products on that date. HRS § 657-7. In re Hawaii Federal Asbestos Cases, 854 F.Supp. 702 (D. Hawai'I 1994).
Wrongful Death
2 Years Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13. Haw. Rev. Stat. § 657-7
Medical Malpractice
2 Years No action for injury or death against a chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person, based upon such person's alleged professional negligence, or for rendering professional services without consent, or for error or omission in such person's practice, shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death. This six-year time limitation shall be tolled for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person. Haw. Rev. Stat. § 657-7.3
Malpractice (Other Professions)
Products Liability
2 Years

Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13. Haw. Rev. Stat. § 657-7

Discovery:

Plaintiff's tort claim accrues, for statute of limtiations purposes, when the palintiff discovers, or through the use of reasonable diligence should have discovered, the negligent act, the damage, and the causal connection between the two.

Intentional Torts
2 Years for certain intentional torts.
Fraud
6 Years The following actions shall be commenced within six years next after the cause of action accrued, and not after:
(4) Personal actions of any nature whatsoever not specifically covered by the laws of the State. Haw. Rev. Stat. § 657-1

The discovery rule, that the statute of limitations begins to run when the plaintiff discovered or should have discovered the damage, is applicable to the fraud context. Haw. Rev. Stat. § 657-7/Plaintiff's tort claim accrues, for statute of limtiations purposes, when the palintiff discovers, or through the use of reasonable diligence should have discovered, the negligent act, the damage, and the causal connection between the two. Thomas v. Kidnai 267 P.2d 1230, 1238 (Hawai'I 2011) (applicable to fraud).

Nature of claim by purchaser against vendor and salesperson, that they made fraudulent representations concerning water leakages in residence, was not physical injury to property, which would have been governed by statute of limitations for claims for damages resulting from physical injury to persons or to tangible property interests, but was the making of fraudulent representations concerning the condition of the residence which induced purchaser to buy it; therefore, as fraudulent representations are not governed by a specific limitation period, six-year limitations period set forth in subdivision of statute of limitations dealing with actions not specifically covered applied. HRS §§ 657-1(4), 657-7. Au v. Au, 1981, 63 Haw. 210, 63 Haw. 263, 626 P.2d 173.
Municipal Liability/Sovereign Immunity
2 Years
Discovery Rule
SOL runs from date when injury was, or should have been, discovered. See specific rule for medical malpractice above.
Comparative Negligence
Plaintiff barred from recovery if his/her percentage of fault is greater than 50%. Otherwise award is diminished by plaintiff's percentage of fault.
Charitable Immunity
Uncertain. Immunity goes to: charitable, religious and non-profit organizations. Health care providers who report blood test results to police. Insurance commissioner and employees.
Disabilities
For plaintiffs under disability, the regular SOL is applied after disability removed. Infants (18th birthday).
Punitive Damages
Recoverable if clear and convincing proof. Caps: None
No-Fault Insurance
Applies
Consumer Fraud Complaint
Hawaii, Department of Commerce and Consumer Affairs
http://www.hawaii.gov/dcca/
(808) 974-4000 (ext. 7 - 3222)

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