Negligence in Hawaii
State-specific overview · Tort Law
Hawaii applies traditional negligence law with a comparative fault rule that bars recovery if the plaintiff is more than 50% at fault.
How Hawaii treats Negligence
Hawaii courts recognize negligence as the failure to exercise reasonable care under the circumstances. The state follows a modified comparative negligence standard under Hawaii Revised Statutes § 663-31, which prevents plaintiffs from recovering damages if their own negligence is greater than the negligence of the defendant. A plaintiff who is exactly 50% at fault may still recover, but only for the portion of damages attributable to the defendant's negligence.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.