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HAWAII

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years from date of death.

Medical Malpractice

years with discovery rule but maximum SOL of 6 years from date of act. 6 year rule does not apply if malpractice was concealed by fraud. Minors: age 10 or within 6 years, whichever is longer.

Caps:
$375,000 limit for pain and suffering damages.

Malpractice (Other Professions)

years for other, 6 years for legal malpractice with Discovery Rule.

Products Liability

years with Discovery Rule.

Intentional Torts

years for certain intentional torts.

Fraud

years for offenses involving fraud or breach of fiduciary within 3 years after discovery of offense. SOR: 6 years from expiration of normal limitation period.

Municipal Liability/Sovereign Immunity

years. State waived sovereign immunity for torts of its employees and is liable to same extent as private individuals; state not liable, however, for interest prior to judgments or for punitive damages.

Discovery Rule

SOL runs from date when injury was, or should have been, discovered. See specific rule for medical malpractice above.

Comparative Negligence

Contributory negligence does not bar recovery if such negligence was not greater than negligence of person. Damages are diminished in proportion attributable to injured claimant.

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). SOL does not run during absence or concealment of defendant.

Punitive Damages

Recoverable if clear and convincing proof is provided.
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)