## Hawaii comparative fault rule

The controlling primary authority for US-HI damages allocation authority (Haw. Rev. Stat. § 663-31) is **663-31**.

> **663-31.** COMPARATIVE NEGLIGENCE Law Journals and Reviews Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992). §663-31 Contributory negligence no bar; comparative negligence; findings of fact and special verdicts. (a) Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of m

## Source-backed allocation summary

US-HI damages allocation controlling authority under Haw. Rev. Stat. § 663-31.

This source-backed page does not certify limitation periods, damages caps, case-law exceptions, or calculator formula assumptions beyond the quoted statutory allocation rule.

## Use the calculator

DocketMath's damages-allocation tool can model allocation scenarios once you identify the controlling jurisdiction, claim posture, and negligence shares. Use the source panel for the verified primary-source rule.

[Open the Damages Allocation calculator](/tools/damages-allocation)

## Sources

- [663-31 — Haw. Rev. Stat. § 663-31](https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm)

All sources are official primary law published by `www.capitol.hawaii.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Slip and fall settlement guide for Hawaii using DocketMath and jurisdiction-aware rules.

Slip and fall settlement guide for Hawaii

(c) Upon the making of the findings of fact or the return of a special verdict, as is contemplated by subsection (b) above, the court shall reduce the amount of the award in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made; provided that if the said proportion is greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, the court will enter a judgment for the defendant.

(b) In any action to which subsection (a) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state: (1) The amount of the damages which would have been recoverable if there had been no contributory negligence; and (2) The degree of negligence of each party, expressed as a percentage.

Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances: (1) For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons; (2) For the recovery of economic and noneconomic damages against joint tortfeasors in actions involving: (A) Intentional torts; (B) Torts relating to environmental pollution; (C) Toxic and asbestos-related torts; (D) Torts relating to aircraft accidents; (E) Strict and products liability torts; or (F) Torts relating to motor vehicle accidents except as provided in paragraph (4); (3) For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31.

(3) For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31. Where a tortfeasor's degree of negligence is less than twenty-five per cent, then the amount recoverable against that tortfeasor for noneconomic damages shall be in direct proportion to the degree of negligence assigned;

§663-11 Joint tortfeasors defined. For the purpose of this part the term "joint tortfeasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. [L 1941, c 24, §1; RL 1945, §10487; RL 1955, §246-10; HRS §663-11]

Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.

damages allocation in US-HI is governed by Haw. Rev. Stat. § 663-31.

Slip and fall settlement guide for Hawaii

Current verified answer

Authority and key facts

Hawaii comparative fault rule

Source-backed allocation summary

Use the calculator

Sources