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Haw. Rev. Stat. § 663-10.5

Government entity as a tortfeasor; abolition of joint and several liability

L 1994, c 213, §1; am L 2001, c 300, §2; am L 2006, c 112, §1; am L 2017, c 12, §72

(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 government entity is determined to be a tortfeasor along with one or more other tortfeasors, the government entity shall be liable for no more than that percentage share of the damages attributable to the government entity; provided that joint and several liability shall be retained for tort claims relating to the maintenance and design of highways pursuant to section 663-10.9.

(b) For purposes of this section, the liability of a government entity shall include its vicarious liability for the acts or omissions of its officers and employees.

(c) For purposes of this section, "government entity" means any unit of government in this State, including:

(1) The State;

(2) Any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government; and

(3) Any corporation or other establishment owned, operated, or managed by or on behalf of this State or any county.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.