Comparative Negligence in Hawaii
State-specific overview · Tort Law
Hawaii uses pure comparative negligence, allowing recovery even if you are 99% at fault.
How Hawaii treats Comparative Negligence
Hawaii follows the pure comparative negligence rule, meaning a plaintiff can recover damages even when substantially more negligent than the defendant. The plaintiff's recovery is reduced by their percentage of fault. Hawaii courts apply this rule broadly across personal injury cases, including automobile accidents and premises liability claims.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Hawaii.