This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in Hawaii

In Hawaii, the allocation of damages in a negligence action follows a modified comparative fault rule under Haw. Rev. Stat. § 663-31, which bars recovery if the plaintiff’s degree of fault reaches or exceeds the verified figure of 51%. If the plaintiff’s fault is below that threshold, the court reduces the total damages by the percentage of fault attributed to the plaintiff. The statute sets out factors for determining fault percentages, and the official source provides the exact criteria. The worked example below demonstrates the calculation. Use the DocketMath calculator to estimate damages based on your specific case details.

Governing authority

In Hawaii, the damages allocation rule is set by Haw. Rev. Stat. § 663-31. The verified packet cites Haw. Rev. Stat. § 663-31 (https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm).

Hawaii damages allocation: the verified value is 51% under Haw. Rev. Stat. § 663-31. The verified packet cites Haw. Rev. Stat. § 663-31 (https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.