RELATING TO ABOLITION OF JOINT AND SEVERAL LIABILITY FOR GOVERNMENT ENTITIES IN HIGHWAY-RELATED CIVIL ACTIONS.

HB996

HOUSE OF REPRESENTATIVES

H.B. NO.

996

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO
ABOLITION OF JOINT AND SEVERAL LIABILITY FOR GOVERNMENT ENTITIES IN
HIGHWAY-RELATED CIVIL ACTIONS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The purpose of this Act is
to abolish joint and several liability for government entities in claims and
cases relating to the maintenance and design of highways including actions
involving guardrails, utility poles, street and directional signs, and any
other highway-related device under chapter 663, Hawaii Revised Statutes, so
that government entities would only be liable for the percentage share of the
damages actually attributable to the government entities in applicable claims
and cases.

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SECTION
2.
�
Section 663-10.5, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:

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"(a)
�
Any other law to the contrary
notwithstanding,
including but not limited
to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any case
where a government entity is determined to be a tortfeasor along with one or
more other tortfeasors, the government entity shall be liable for no more than
that percentage share of the damages attributable to the government entity[
;
provided that joint and several liability shall be retained for tort claims
relating to the maintenance and design of highways pursuant to section 663-10.9
]."

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SECTION
3.
�
Section 663-10.9, Hawaii Revised
Statutes, is amended to read as follows:

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"
�663-10.9
�
Abolition of joint and several liability; exceptions.
�
Joint and several liability for joint
tortfeasors as defined in section 663-11 is abolished except in the following
circumstances:

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(1)
�
For the recovery of economic damages
against joint tortfeasors in actions involving injury or death to persons;

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(2)
�
For the recovery of economic
and noneconomic damages against joint tortfeasors in actions involving:

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(A)
�
Intentional torts;

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(B)
�
Torts relating to environmental
pollution;

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(C)
�
Toxic and asbestos-related torts;

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(D)
�
Torts relating to aircraft accidents;

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(E)
�
Strict and products liability torts; or

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(F)
�
Torts relating to motor
vehicle accidents [
except as provided in paragraph (4)
];
and

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(3)
�
For the recovery of
noneconomic damages in actions, other than those enumerated in paragraph (2),
involving injury or death to persons against those tortfeasors whose individual
degree of negligence is found to be twenty-five per cent or more under section
663-31.
�
Where a tortfeasor's degree
of negligence is less than twenty-five per cent, then the amount recoverable
against that tortfeasor for noneconomic damages shall be in direct proportion
to the degree of negligence assigned; [
and

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(4)
�
For the recovery of noneconomic
damages in motor vehicle accidents involving tort actions relating to the
maintenance and design of highways including actions involving guardrails,
utility poles, street and directional signs, and any other highway-related
device upon a showing that the affected joint tortfeasor was given reasonable
prior notice of a prior occurrence under similar circumstances to the
occurrence upon which the tort claim is based.
�
In
actions in which the affected joint tortfeasor has not been shown to have had
such reasonable prior notice, the recovery of noneconomic damages shall be as
provided in paragraph (3).

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(5)
�
Provided,
]

provided,
however, that joint and several liability for
economic
and noneconomic damages for claims against design
professionals, as defined in [
chapter 672,
]
section 663-10.98,

and certified public accountants, as defined in chapter 466, is abolished in
actions not involving physical injury or death to persons."

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SECTION
4.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION
6.
�
This Act shall take effect upon its
approval

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

Joint and Several Liability; Repeal; Government Entities;
Highway-Related Civil Actions

Description:

Amends sections
663-10.5 and 663-10.9, HRS, to abolish joint and several liability for
government entities in claims and cases relating to the maintenance and design
of highways under chapter 663, HRS, so
that government entities would be
liable only for the percentage share of the damages actually attributable to
them.

The summary description
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not legislation or evidence of legislative intent.