## How the limitation period applies

The controlling primary authority for US-HI medical malpractice SOL (Haw. Rev. Stat. § 657-7.3) is **Haw. Rev. Stat. § 657-7.3**.

> **Haw. Rev. Stat. § 657-7.3.** 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.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [Haw. Rev. Stat. § 657-7.3 — Haw. Rev. Stat. § 657-7.3](https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0007_0003.htm)

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

**Corroboration method:** government_primary_source_direct_fetch.


Statute of Limitations for Medical Malpractice in Hawaii.

Statute of Limitations for Medical Malpractice in Hawaii

Top-level SOL is § 657-7 (2-yr damage to persons or property). § 657-1 supplies the 6-yr contract/assumpsit/catchall SOL. Most recent amendment among primary cited sections is § 657-7.3 (am L 2010, c 4, §9).

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.

§657-1 Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after: (1) Actions for the recovery of any debt founded upon any contract, obligation, or liability...

PERSONAL ACTIONS Case Notes Section 657-20 is limited to causes of action mentioned in this part or §663-3, and therefore does not apply to plaintiff's claim brought pursuant to chapter 480. 777 F. Supp. 2d 1224 (2011). §657-1 Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after: (1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A; (2) Actions upo

No action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of any deficiency or neglect in the planning, design, construction, supervision and administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than two years after the cause of action has accrued, but in any event not more than ten years after the date of completion of the improvement.

§657-1 Six 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.

§657-1 Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after: (1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court...

§657-4 Two years; libel and slander. All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after.

§657-7.3 Medical torts; limitation of actions; time. [(a)] 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.

§657-7 Damage to persons or property. 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.

§490:2-725 Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

§663-3 Death by wrongful act. (a) When the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased's legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or against the person responsible for the death. ... Any action brought under this section shall be commenced within two years from the date of death of the injured person, except as otherwise provided.

§657-7 Damage to persons or property. 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. [L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2645; RL 1935, §3916; RL 1945, §10427; RL 1955, §241-7; am L 1957, c 138, §1; HRS §657-7; am L 1972, c 105, §1(e)]

Under Haw. Rev. Stat. § 657-7, actions for compensation for damage or injury to persons or property must be instituted within two years after the cause of action accrued, except as provided in § 657-13 (tolling). Controls general PI, negligence, premises liability, product liability, slip-and-fall, dog bite, and property-damage actions in Hawaii.

Hawaii imposes a two-year statute of limitations for personal injury claims including civil actions for adult sexual assault. The verbatim text states '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.'

Under Haw. Rev. Stat. § 657-7, an action for the recovery of compensation for damage or injury to persons or property must be instituted within two years after the cause of action accrued. The section governs product-liability actions in Hawaii whether the harm is bodily injury or property damage caused by a defective product, because the operative text reaches 'damage or injury to persons or property' without limitation to a particular tort theory. Strict products liability, negligence-based pr

Statute of limitations for personal injury in US-HI is 2 years under Haw. Rev. Stat. § 657-7.

Statute of limitations for product liability in US-HI is 2 years under Haw. Rev. Stat. § 657-7.

Statute of limitations for premises liability in US-HI is 2 years under Haw. Rev. Stat. § 657-7.

Statute of limitations for ucc sale of goods in US-HI is 4 years under Haw. Rev. Stat. § 490:2-725.

Statute of limitations for libel in US-HI is 2 years under Haw. Rev. Stat. § 657-4.

Statute of limitations for slander in US-HI is 2 years under Haw. Rev. Stat. § 657-4.

Statute of limitations for property damage in US-HI is 2 years under Haw. Rev. Stat. § 657-7.

Statute of limitations for trespass in US-HI is 2 years under Haw. Rev. Stat. § 657-7.

Statute of limitations for adult sexual assault rape civil in US-HI is 2 years under HRS §657-7.

Statute of limitations for medical malpractice in US-HI is 2 years under Haw. Rev. Stat. § 657-7.3.

Statute of limitations for legal malpractice in US-HI is 6 years under Haw. Rev. Stat. § 657-1(1).

Statute of limitations for breach written contract in US-HI is 6 years under Haw. Rev. Stat. § 657-1(1).

Statute of limitations for breach oral contract in US-HI is 6 years under Haw. Rev. Stat. § 657-1(1).

Statute of limitations for wrongful death in US-HI is 2 years under Haw. Rev. Stat. § 663-3.

Statute of limitations for fraud in US-HI is 6 years under Haw. Rev. Stat. § 657-1(4).

Statute of limitations for adult sexual assault rape civil in US-HI is 2 years under HRS § 657-7 (general personal injury period), which governs civil claims for assault, battery, and bodily injury including adult sexual assault.

Under Haw. Rev. Stat. § 657-1, the enumerated personal actions, including the residual category of personal actions not otherwise specifically covered, must be commenced within six years after the cause of action accrues; a common-law fraud or deceit claim is a personal action governed by this six-year period.

A breach-of-fiduciary-duty claim sounding in tort is governed by Haw. Rev. Stat. § 657-7, the general personal-injury limitations statute, requiring suit within 2 years.

Hawaii libel/written defamation claims must be brought within 2 years of accrual under Haw. Rev. Stat. § 657-4.

Hawaii civil actions for damage or injury to persons, including adult-victim sexual assault claims, must be instituted within 2 years after the cause of action accrued under Haw. Rev. Stat. § 657-7.

A construction defect action in Hawaii must be commenced within two years after the cause of action accrues, and in any event not more than ten years after completion of the improvement, under Haw. Rev. Stat. § 657-8.

§657-1 Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after: (1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A; (2) Actions upon judgments or decrees rendered in any court not of record in the State, or, subject to section 657-9, in any court of record in any foreign jurisdiction; (3) Actions for taking or detaining any goods or chattels, including actions in the nature of replevin; and (4) Personal actions of any nature whatsoever not specifically covered by the laws of the State.

§657-5 Domestic judgments and decrees. Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered. No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended. No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered. A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree.

§657-7.3 Medical torts; limitation of actions; time. [(a)] 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.

§657-8 Limitation of action for damages based on construction to improve real property. (a) No action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of any deficiency or neglect in the planning, design, construction, supervision and administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than two years after the cause of action has accrued, but in any event not more than ten years after the date of completion of the improvement.

§657-11 Recoveries authorized by federal statute. Whenever any federal statute provides for damages or equitable relief and neither the federal statute nor any specific state statute specifies the period within which suit may be brought, the suit, if brought in a state court, shall be commenced within two years from the date the cause of action arises or be thereafter barred.

§657-13 Infancy, insanity, imprisonment. If any person entitled to bring any action specified in this part (excepting actions against the sheriff, chief of police, or other officers) is, at the time the cause of action accrued, either: (1) Within the age of eighteen years; (2) Insane; or (3) Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than the person's natural life; such person shall be at liberty to bring such actions within the respective times limited in this part, after the disability is removed or at any time while the disability exists.

§657-18 Extension by absence from State. If at any time when any cause of action specified in this part or section 663-3 accrues against any person, the person is out of the State, the action may be commenced within the terms respectively limited, after the return of the person into the State, and if, after the cause of action has accrued, the person departs from and resides out of the State, the time of the person's absence shall not be deemed or taken as any part of the time limited for the commencement of the action.

§657-20 Extension by fraudulent concealment. If any person who is liable to any of the actions mentioned in this part or section 663-3, fraudulently conceals the existence of the cause of action or the identity of any person who is liable for the claim from the knowledge of the person entitled to bring the action, the action may be commenced at any time within six years after the person who is entitled to bring the same discovers or should have discovered, the existence of the cause of action or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations.

§662-4 Statute of limitations. A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply.