Hawaii Revised Statutes
663. Tort Actions
663-1.6 Duty to assist.

[ §663-1.6] Duty to assist. (a) Any person at the scene of a crime who knows that a victim of the crime is suffering from serious physical harm shall obtain or attempt to obtain aid from law enforcement or medical personnel if the person can do so without danger or peril to any person. Any person who violates this subsection is guilty of a petty misdemeanor.
(b) Any person who provides reasonable assistance in compliance with subsection (a) shall not be liable in civil damages unless the person's acts constitute gross negligence or wanton acts or omissions, or unless the person receives or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a physician licensed to practice under the laws of this State committed in the ordinary course of the physician's practice.
(c) Any person who fails to provide reasonable assistance in compliance with subsection (a) shall not be liable for any civil damages. L 1984, c 140, §1
Case Notes
Section imposes on the perpetrator of a crime a duty to obtain necessary medical aid for the victim. 73 H. 236, 831 P.2d 924 (1992).
Where evidence that child was a victim of battered child syndrome was relevant to show that child's death was not an accident, but the result of an intentional, knowing or reckless criminal act, giving rise to a duty on defendant's part to obtain medical care for child pursuant to this section, trial court did not err in admitting expert testimony that child was a victim of battered child syndrome. 101 H. 332, 68 P.3d 606 (2003).
This section and the Hawaii supreme court's ruling in Moyle v. Y & Y Hyup Shin, Corp. did not apply where decedent accessed the rooftop of respondent mall owner's mall, entered into and became trapped in an exhaust duct above the food court, and later died, because the instant case did not involve actions by a third party. 130 H. 262, 308 P.3d 891 (2013).
Applicable to the perpetrator of a crime. 8 H. App. 506, 810 P.2d 672 (1991).

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.