Hawaii Tort Reform laws determine how much time you have to file a mass tort claim, whether your state caps the damages you can recover, and how your own fault percentage affects your payout.
This Hawaii tort reform guide covers every rule that matters if you are considering a mass tort lawsuit — statute of limitations deadlines, damage caps, comparative fault, and which major active lawsuits affect Hawaii residents the most. Understanding Hawaii tort reform before you talk to a lawyer helps you know what to expect.
Verified against Hawaii statutes and official sources as of May 2026.
In This Hawaii Tort Reform Guide:
Hawaii Tort Reform Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. Under Hawaii tort reform rules, the time limit depends on the type of injury. Missing your deadline means you lose your right to sue entirely, regardless of how strong your case may be.
| Injury Type | Time Limit |
|---|---|
| Personal Injury | 2 years from the date the cause of action accrues under HRS 657-7. |
| Wrongful Death | 2 years from the date of death of the injured person under HRS 663-3. |
| Product Liability | 2 years from discovery under HRS 657-7. |
| Medical Malpractice | 2 years from discovery under HRS 657-7.3, plus a 6-year statute of repose from the date of the alleged act or omission. |
Personal injury details: Discovery rule applies — clock starts when plaintiff discovers or should have discovered the injury. For minors, the statute is tolled under HRS 657-13. For claims against government entities, the same 2-year period applies under the State Tort Liability Act HRS Chapter 662.
Wrongful death details: The clock runs from the date of death, not the date of the underlying injury. Tolled during minority of surviving children under HRS 657-13.
Product liability details: Same statute as general personal injury. Strict liability product claims follow the same 2-year discovery rule period. UCC warranty-based product claims have a separate 4-year period under HRS 490:2-725.
Medical malpractice details: The repose period is tolled only if the provider knowingly concealed the act or omission. For minors: 6 years from the date of the wrongful act. For minors under age 10: 6 years or until their 10th birthday, whichever is longer. MANDATORY PRE-SUIT REQUIREMENT: claimant must first submit a written inquiry to the Medical Inquiry and Conciliation Panel (MICP) under HRS Chapter 671 before filing suit.
Discovery rule: YES. Hawaii broadly applies the discovery rule. Under HRS 657-7, the 2-year statute of limitations does not begin to run until the plaintiff discovers or reasonably should have discovered: (1) the injury, (2) the negligent act or violation of duty, and (3) the causal connection between the two. This applies to personal injury, product liability, and medical malpractice claims. However, ignorance of a legal duty or failure to consult an attorney does not toll the statute.
Statute of repose: YES for construction — 10 years from the date of completion of improvement to real property under HRS 657-8. YES for medical malpractice — 6 years from the date of the alleged act or omission under HRS 657-7.3. NO statute of repose for product liability — HRS 657-8 expressly excludes product liability claims from its scope.
These Hawaii tort reform deadlines apply to most mass tort claims. However, some MDLs have their own rules — for example, the Camp Lejeune Justice Act created a special two-year filing window.
Always verify your specific deadline with a licensed attorney, as Hawaii tort reform statutes may have exceptions not listed here.
Hawaii Tort Reform Damage Caps
Damage caps limit how much money you can recover in a lawsuit, even if a jury awards you more. Hawaii tort reform damage cap rules affect mass tort settlements and verdicts directly.
Understanding these limits helps you set realistic expectations for potential compensation under Hawaii tort reform law.
| Damage Type | Cap |
|---|---|
| Non-Economic (Pain & Suffering) | YES. |
| Punitive Damages | NO CAP. |
| Total Damages | NO CAP. |
| Medical Malpractice | SAME AS GENERAL. |
Non-economic damages details: Non-economic damages (pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary losses as defined in HRS 663-8.5) are capped at 375000 under HRS 663-8.7. The cap does not apply to cases involving intentional torts or tortfeasors found 25 percent or more at fault under HRS 663-10.9(2). Economic damages (medical bills, lost wages) are NOT capped. This is a fixed amount, not adjusted for inflation.
Punitive damages details: Hawaii has no statutory ceiling on punitive damages. However, in 2025, the Hawaii Supreme Court in Guieb v. Guieb (571 P.3d 382) adopted a new punitive damages standard based on Restatement Third Torts Remedies Section 39, requiring clear and convincing evidence that the defendant intended harm, recklessly disregarded substantial risk, or acted outrageously. Insurance coverage for punitive damages is prohibited unless specifically included in the policy under HRS 431:10-240.
Total damages details: Hawaii does not impose an overall total damage cap combining economic, non-economic, and punitive damages. Only non-economic damages are capped at 375000.
Medical malpractice cap details: Non-economic damages in medical malpractice are capped at 375000 under the same HRS 663-8.7 that applies to all tort actions. Legislative proposals HB473 and HB499 sought to raise the medical malpractice cap to 500000 but did not become law. Economic damages are not capped. The MICP pre-suit process under HRS Chapter 671 is an additional procedural requirement specific to medical malpractice.
Hawaii tort reform caps can significantly reduce your recovery in a mass tort case. If Hawaii caps non-economic damages, your pain and suffering award is limited regardless of injury severity.
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Some caps have been challenged as unconstitutional in Hawaii courts — check with a local attorney for the current status of any Hawaii tort reform cap.
Hawaii Tort Reform Comparative Fault Rule
Comparative fault determines whether you can recover damages if you share some responsibility for your injuries. Under Hawaii tort reform rules, defendants in mass tort cases often argue that the plaintiff contributed to their own harm (for example, by continuing to use a product after a recall).
Hawaii follows a modified comparative fault (51% bar) system. You can recover damages as long as your fault does not reach 51% or more. If you are 50% at fault, you can still recover (reduced by 50%). If you are 51% or more at fault, you recover nothing. This is the most common system in the United States.
Under HRS 663-31, damages are reduced in proportion to the plaintiff’s percentage of fault. If a plaintiff is 30 percent at fault, they recover 70 percent of their damages. If a plaintiff is 50 percent at fault, they recover 50 percent of their damages — recovery is still allowed because their fault is not greater than the defendant’s. If a plaintiff is 51 percent or more at fault, recovery is completely barred. The jury determines fault percentages and the court enters judgment accordingly.
Joint and several liability: MODIFIED. Hawaii has largely abolished joint and several liability under HRS 663-10.9 with key exceptions. For economic damages in injury and death cases, joint and several liability is RETAINED for all tortfeasors. For non-economic damages, a tortfeasor found 25 percent or more at fault faces joint and several liability, while a tortfeasor found less than 25 percent at fault pays only their proportionate share. Government entities under HRS 663-10.5 are generally subject to proportionate liability only, except in highway defect cases.
Notable Hawaii Mass Tort Verdicts & Settlements
1. Maui Wildfire Litigation (2023-present) — Global settlement of approximately 4037000000 against Hawaiian Electric Company (1990000000), State of Hawaii (800000000), and Kamehameha Schools (807500000) for the August 2023 Lahaina wildfire. Settlement finalized August 2024; as of early 2026, victim disbursements were still pending due to disputes over insurance and attorney fee allocations of approximately 1000000000. 2.
Kalima v. State of Hawaii — Class action settlement involving Native Hawaiian Home Lands claims, with disbursements beginning October 2024. 3. AFFF/PFAS contamination claims — Hawaii military installations including Pearl Harbor, Kaneohe Bay, and Schofield Barracks have documented PFAS contamination; affected residents may participate in MDL-2873 in the U.S. District Court for the District of South Carolina.
Note: Individual settlement and verdict amounts vary dramatically based on the specific facts of each case. These examples are provided for general context only and do not predict what you might recover.
Active Mass Tort Cases Affecting Hawaii Residents
Several major active Multidistrict Litigation (MDL) cases have significant numbers of plaintiffs from Hawaii:
1. AFFF/PFAS (MDL-2873) — Hawaii has multiple military installations (Pearl Harbor, Kaneohe Bay, Schofield Barracks) with documented PFAS contamination from firefighting foam use, making Hawaii residents particularly affected. 2. Camp Lejeune — Hawaii residents who served at Marine Corps Base Camp Lejeune may file claims under the Camp Lejeune Justice Act of 2022; these are federal claims.
3. Opioids — Hawaii participated in the national opioid settlement framework. 4. Social Media — Hawaii youth may be plaintiffs in the social media youth addiction MDL. 5. GENERAL PARTICIPATION in talc, hernia mesh, Roundup, and other major MDLs — no Hawaii-specific data on plaintiff numbers was identified.
If you live in Hawaii and were affected by any of these products or exposures, you may be eligible to file a claim. Hawaii tort reform deadlines and damage caps still apply to your case, so check our individual MDL pages for specific eligibility criteria.
Hawaii Tort Reform Legislation
Hawaii has not enacted a single landmark tort reform bill comparable to Florida SB 837 or Texas HB 4. Instead, Hawaii’s tort reforms are codified incrementally across HRS Chapter 663: Modified comparative negligence enacted 1969 (HRS 663-31); abolition of joint and several liability for non-economic damages below 25 percent threshold enacted in the 1990s (HRS 663-10.9); non-economic damage cap of 375000 (HRS 663-8.7); government entity proportionate liability (HRS 663-10.5); mandatory MICP pre-suit process for medical malpractice (HRS Chapter 671). No major tort reform legislation was enacted in 2025 or 2026.
These Hawaii tort reform laws directly affect how mass tort claims are filed, what damages you can recover, and how long you have to act.
Always verify the current status of any law with the Hawaii State Bar Association or a licensed attorney.
Additional Hawaii Tort Rules
1. MANDATORY MICP PRE-SUIT PROCESS: Before filing any medical malpractice lawsuit, claimants must submit a written inquiry to the Medical Inquiry and Conciliation Panel under HRS Chapter 671. The MICP conducts an informal conciliation hearing; findings are advisory only and non-binding. 2. PUNITIVE DAMAGES STANDARD (2025): The Hawaii Supreme Court in Guieb v. Guieb adopted the Restatement Third standard requiring clear and convincing evidence of intent to harm, reckless disregard, or outrageous conduct. 3.
NO PUNITIVE DAMAGES AGAINST THE STATE: The State Tort Liability Act HRS Chapter 662 expressly excludes punitive damages and pre-judgment interest against the State. 4. SOVEREIGN IMMUNITY WAIVER: HRS Chapter 662 waives sovereign immunity for state employee torts but retains exceptions for discretionary functions. 5. NON-ECONOMIC DAMAGES DEFINITION: HRS 663-8.5 specifically defines non-economic damages to include pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary losses.
Hawaii Tort Reform Resources & Contacts
- Hawaii State Bar Association: https://hsba.org/
- Hawaii Attorney General: https://ag.hawaii.gov/
- Hawaii Courts: https://www.courts.state.hi.us/
- JPML (Federal MDL Data): jpml.uscourts.gov
- NCSL Tort Reform Tracker: ncsl.org
- Cornell LII — Tort Law: law.cornell.edu
This Hawaii tort reform guide was last verified against official sources in May 2026. If you notice outdated information, please contact us.
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Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.