Joint and Several Liability in Hawaii
State-specific overview · Tort Law
Hawaii allows joint and several liability for defendants whose negligence exceeds 25% of total fault.
How Hawaii treats Joint and Several Liability
Hawaii Revised Statutes § 663-10.9 implements a modified comparative fault system where a defendant is jointly and severally liable only if their individual negligence is greater than 25%. Defendants whose fault falls at or below 25% are liable only for their proportionate share. This threshold protects defendants with minor fault from bearing the entire judgment when a more culpable defendant is judgment-proof.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability 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.