§662-1 Definitions. As used in this chapter the term: “Acting within the scope of the employee’s office or employment”, in the case of a member of the Hawaii National Guard or Hawaii state defense force, means acting in the line of duty. “Employees of the State” includes officers and employees of any state agency, members […]
§662-10 Judgment as bar. The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Supp, §245A-10; HRS […]
§662-11 Compromise. (a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter. (b) Claims arbitrated, compromised, or settled by the attorney general for an amount not exceeding $25,000, shall be paid from the state risk management revolving fund. Claims arbitrated, compromised, or settled by the attorney general for more than […]
§662-12 Attorney’s fees. The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney’s fees which shall not, however, exceed twenty-five per cent of the amount recovered and […]
§662-13 No awards except upon legal evidence. In no case shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1957, c 312, pt of §1; Supp, §245A-13; HRS §662-13]
§662-14 Exclusiveness of remedy. The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize any other actions against the State or such agency on claims for torts of its employees, and the rights and remedies provided by this chapter and section […]
§662-15 Exceptions. This chapter shall not apply to: (1) Any claim based upon an act or omission of an employee of the State, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or the failure to exercise […]
§662-16 Defense of state employees; county lifeguards. (a) The attorney general may defend any civil action or proceeding brought in any court against any employee of the State for damage to property or for personal injury, including death, resulting from the act or omission of any state employee while acting within the scope of the […]
§662-17 Benefits and obligations of parents of minor employees. All benefits and obligations conferred or imposed upon employees of the State by this chapter are conferred or imposed upon the parents or legal guardians of the employee when the employee is a minor. [L 1988, c 174, §1]
§662-18 Conclusive presumptions; unexploded ordnance on Kaho €˜olawe and in the ocean adjacent to Kaho €˜olawe. (a) The State shall have a duty to warn persons who enter the Kaho €˜olawe island reserve specifically of the dangers posed by unexploded ordnance on the island or in the adjacent ocean. (b) A sign, signs, or other […]
§662-19 Limited liability for skateboarding activities in public skateboard parks. (a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity’s failure to maintain or repair the […]
§662-2 Waiver and liability of State. The State hereby waives its immunity for liability for the torts of its employees and shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. [L […]
§662-3 Jurisdiction. The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury or loss of property, or personal injury or death […]
§662-4 Statute of limitations. A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply. [L 1957, c 312, pt of §1; Supp, […]
§662-5 Jury. Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right. […]
§662-6 Pleadings, trial and appeal. [(a)] The Hawaii rules of civil procedure and the district court rules of civil procedure as applicable shall be followed in any action under this chapter. A certified copy of all pleadings shall be duly served on the attorney general. (b) Section 661-2 shall apply to actions under this chapter. […]
§662-7 Attorney general. The State shall be represented by the attorney general of the State in all actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-7; HRS §662-7]
§662-8 Interest. On all final judgments rendered against the State in actions instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the […]
§662-9 Costs. In an action under this chapter, court costs and fees as set by law may be allowed to the prevailing party. [L 1957, c 312, pt of §1; Supp, §245A-9; HRS §662-9; am L 1972, c 164, §2(c); am L 1979, c 152, §3] Case Notes This section and §662-12 not inconsistent as […]
