Hawaii Revised Statutes
663. Tort Actions
663-11 Joint tortfeasors defined.

Case Notes
Joint and several liability imposed on asbestos manufacturers in products liability action. 960 F.2d 806 (1992).
Discussed, where defendant did not have a right of contribution for intentional torts alleged in the complaint against it. 293 F. Supp. 2d 1144 (2003).
§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]
Rules of Court
Parties, see HRCP rules 19, 20; DCRCP rule 20.
Law Journals and Reviews
Ozaki and Comparative Negligence: Imposing Joint Liability Where a Duty to Protect or Prevent Harm from Third Party Intentional Tortfeasors Exits Is Fairer to Plaintiffs and Defendants. 26 UH L. Rev. 575 (2004).
Case Notes
As to rights of the children against driver of other car. 244 F.2d 604 (1957).
Settlement of action by defendants established both defendants as joint tortfeasors. 884 F.2d 492 (1989).
There must be common liability to injured person. 73 F. Supp. 707 (1947).
Father may not be joined as joint tortfeasor where children are plaintiffs. 135 F. Supp. 376 (1955).
Master and servant not joint tortfeasors, where master liable only under doctrine of respondeat superior. 7 H. 196 (1887).
Culpability among joint tortfeasors. 45 H. 128, 363 P.2d 969 (1961).
Minor son of plaintiff may be liable as joint tortfeasor to plaintiff. 51 H. 74, 450 P.2d 998 (1969).
Parents are liable for torts to their minor children, and they may be joined as joint tortfeasors in action by children against third party. 51 H. 484, 462 P.2d 1007 (1969).
An employee and employee's vicariously liable employer are joint tortfeasors as defined by this section. 78 H. 1, 889 P.2d 685 (1995).
Where condominium association's and murderer's tortious conduct resulted in same injury to victim, condominium association and murderer were joint tortfeasors. 87 H. 273 (App.), 954 P.2d 652 (1998).
Construing the language of § §431:10C-301 and 431:10C-103 governing uninsured motorist (UM) and underinsured motorist (UIM) insurance according to their plain and commonly understood meaning and in pari materia with §663-10.9 and this section, UM and UIM policies must provide coverage for all damages which an insured is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle, which necessarily encompasses damages for which the owner or operator of an uninsured or underinsured motor vehicle is jointly and severally liable pursuant to §663-10.9 and this section. 120 H. 329 (App.), 205 P.3d 594 (2009).
Cited: 133 H. 1, 323 P.3d 792 (2014).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 36. Civil Remedies and Defenses and Special Proceedings

663. Tort Actions

663-1 Torts, who may sue and for what.

663-1.2 Tort liability for breach of contract; punitive damages.

663-1.3 "Ad damnum" clause prohibited.

663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.

663-1.5 Exception to liability.

663-1.6 Duty to assist.

663-1.7 Professional society; peer review committee; ethics committee; hospital or clinic quality assurance committee; no liability; exceptions.

663-1.8 Chiropractic society; peer review committee; no liability; exceptions.

663-1.9 Exception to liability for health care provider, authorized person withdrawing blood or urine at the direction of a police officer.

663-1.52 REPEALED.

663-1.53 Liability for operation of a family child care home.

663-1.54 Recreational activity liability. (a) Any person who owns or operates a business providing recreational activities to the public, such as, without limitation, scuba or skin diving, sky diving, bicycle tours, and mountain climbing, shall exerc...

663-1.55 Volunteer firefighters; limited liability.

663-1.56 Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks.

663-1.57 Owner to felon; limited liability. (a) An owner, including but not limited to a public entity, of any estate or any other interest in real property, whether possessory or nonpossessory, or any agent of the owner lawfully on the premises by c...

663-1.95 Employers' job reference immunity. (a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have a qualified immunity...

663-2 Defense of lawful detention.

663-3 Death by wrongful act.

663-4 Actions which survive death of wrongdoer or other person liable.

663-5 Death of defendant, continuance of action.

663-6 Death of wrongdoer or other person liable prior to suit, time for commencing action against the estate.

663-7 Survival of cause of action.

663-8 Damages, future earnings.

663-8.3 Loss or impairment of earning capacity; damages.

663-8.5 Noneconomic damages; defined.

663-8.7 Limitation on pain and suffering.

663-8.9 Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury.

663-9 Liability of animal owners.

663-9.1 Exception of animal owners to civil liability.

663-9.5 Liability of firearm owners.

663-10 Collateral sources; protection for liens and rights of subrogation.

663-10.5 Government entity as a tortfeasor; abolition of joint and several liability. (a) Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any case where a...

663-10.6 Exemption for providing shelter and subsistence to the needy.

663-10.7 Exemption for providing emergency access to land, shelter, and subsistence during a disaster.

663-10.9 Abolition of joint and several liability; exceptions.

663-10.95 Motorsports facilities; waiver of liability.

663-10.98 Design professional liability; highways.

663-10.99 Trespass; limited liability of agricultural land owner.

663-11 Joint tortfeasors defined.

663-12 Right of contribution; accrual; pro rata share.

663-13 Judgment against one tortfeasor.

663-14 and 663-15 REPEALED.

663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.

663-16 Indemnity.

663-17 Third-party practice; enforcement of right to contribution; unnamed defendants and third-party defendants.

663-21 Advance payments not admission.

663-22 Reduction of award.

663-23 Refund of payments.

663-24 Effect on insurance.

663-31 Contributory negligence no bar; comparative negligence; findings of fact and special verdicts.

663-41 Right of action.

663-42 Subrogation claims denied.

663-51 Definitions.

663-52 Conclusive presumptions relating to duty of public entities to warn of dangers on improved public lands.