§663-41 Right of action. (a) Any person twenty-one years or older who:
(1) Sells, furnishes, or provides alcoholic beverages to a person under the age of twenty-one years; or
(2) Owns, occupies, or controls premises on which alcoholic beverages are consumed by any person under twenty-one years of age, and who knows of alcohol consumption by persons under twenty-one years of age on such premises, and who reasonably could have prohibited or prevented such alcohol consumption;
shall be liable for all injuries or damages caused by the intoxicated person under twenty-one years of age.
(b) This section shall not apply to sales licensed under chapter 281.
(c) An intoxicated person under the age of twenty-one years who causes an injury or damage shall have no right of action under this part. [L 2003, c 69, pt of §1]
Case Notes
There was actually no indication that this section was meant to encompass the instant factual situation where the injury was inflicted directly upon the minor by the host (defendant) through the provision of alcohol, and the claim was only between the minor and the host; thus, this section does not apply in a case where the intoxicated minor has not caused damage or injury to an innocent third party, and therefore did not bar the claims made by plaintiff (parents of decedent minor) against defendant. 130 H. 282, 308 P.3d 911 (2013).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
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.
663-1.8 Chiropractic society; peer review committee; no liability; exceptions.
663-1.53 Liability for operation of a family child care home.
663-1.55 Volunteer firefighters; limited liability.
663-2 Defense of lawful detention.
663-4 Actions which survive death of wrongdoer or other person liable.
663-5 Death of defendant, continuance of action.
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.
663-9 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.
663-10.6 Exemption for providing shelter and subsistence to the needy.
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.
663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.
663-21 Advance payments not admission.