NOTE: In response to the COVID-19 pandemic, the state Supreme Court extended all filing deadlines between March 23 and April 3, 2020, to April 6. Delays are expected as courts reopen and work through the backlog. In addition, Gov. David Ige has issued an executive order granting immunity from malpractice claims to medical professionals responding to the public health crisis.

What Is the Statute of Limitations in Hawaii?

The statute of limitations will vary greatly depending on the type of case. For criminal charges, the statute of limitations will often be either two or six years, while for civil cases, many types of claims have a two-year statute of limitations.

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

Toxic tort claims are covered under the same statute as negligence claims.

Statute of Repose for Construction Defects

The statute of repose for claims based on construction defects is a maximum of ten years from the date of completion of the improvement to real property but no more than two years after the injury in question. (Haw. Rev. Stat. § 657-8)

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)

Product Liability

2 Years

Product liability claims are governed by the same statute as negligence claims. The discovery rule applies.

Intentional Torts

2 Years

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 nature of this claim is not the physical injury to property, rather it is the making of the fraudulent representations concerning the condition of the home which induced appellant to purchase it. Since fraudulent representations are not governed by a specific limitations period, the general limitations period set forth in HRS § 657-1(4) applies.” (Au v. Au, 1981, 63 Haw. 210, 63 Haw. 263, 626 P.2d 173)

Municipal Liability/Sovereign Immunity

Hawaii has waived the right to sovereign immunity. Punitive damages are not allowed in cases against the state.

Discovery Rule

Most statutes of limitations run from the date when an injury was or should have been discovered.

Comparative Negligence

Plaintiffs are barred from recovery if their percentage of fault is greater than 50%. Otherwise, the award is diminished by the plaintiff’s percentage of fault.

Legal Disabilities

For plaintiffs under a legal disability, the regular statute is applied after the legal disability is removed. For minors, this is their 18th birthday.

Punitive Damages

Punitive damages are recoverable with clear and convincing proof.

Consumer Fraud Complaints

Direct complaints of consumer fraud to the Department of Commerce and Consumer Affairs. For more information, call (808) 587-3222.

Frequently Asked Questions