Contributory Negligence in Hawaii
State-specific overview · Tort Law
Hawaii uses pure comparative negligence, allowing recovery even if you're 99% at fault, reduced by your percentage.
How Hawaii treats Contributory Negligence
Hawaii follows pure comparative negligence under Hawaii Revised Statutes § 663-31, meaning a plaintiff can recover damages even if they bear the majority of fault. Your recovery is reduced by your exact percentage of negligence. There is no bar to recovery based on fault level, making Hawaii one of the most plaintiff-friendly jurisdictions for contributory negligence claims.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.