Hawaii Revised Statutes
663. Tort Actions
663-41 Right of action.

§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

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663-1.52 REPEALED.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.