Punitive Damages in Hawaii
State-specific overview · Contract Law
Hawaii allows punitive damages only when the defendant acts with malice, and caps them at the greater of defendant's profits or actual damages.
How Hawaii treats Punitive Damages
Hawaii courts require clear and convincing evidence of malice—not mere negligence or even gross negligence. The state imposes a statutory cap on punitive damages, limiting recovery to the greater of the defendant's profits from the wrongful conduct or the plaintiff's actual damages. This cap significantly restricts punitive awards compared to other states. Hawaii also requires that a portion of punitive damages go to the Crime Victim Compensation Fund.
The general definition of Punitive Damages
Extra money awarded to punish wrongful conduct and deter future misconduct.
Punitive damages go beyond compensating you for your actual loss; they're meant to punish the other party for especially bad behavior and discourage similar conduct in the future. These are rare in contract cases and more common in situations involving fraud, gross negligence, or intentional harm. The amount can be much larger than your actual damages because the goal is deterrence, not just making you whole.
Read the full Punitive Damages 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.