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HAWAII

Negligence / Personal Injury

2 Years with Discovery Rule

Wrongful Death

2 Years from date of death

Medical Malpractice

2 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.

Malpractice (Other Professions)

2 for other, 6 for legal malpractice with discovery rule.

Products Liability

2 Years with Discovery Rule

Intentional Torts

2 years for certain intentional torts.

Fraud

3 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

2 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

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

Punitive Damages

Recoverable if clear and convincing proof is provided.
Caps: None

Consumer Fraud Complaint

Hawaii, Department of Commerce and Consumer Affairs
http://www.hawaii.gov/dcca/
(808) 974-4000 (ext. 7 - 3222)