Hawaii’s Comparative Negligence Rule
Hawaii’s Comparative Negligence Rule is a law that uses a unique approach to assess and resolve personal injury cases. Essentially, it permits plaintiffs to collect damages regardless of the amount of fault attributed to them for an incident, unlike the “pure comparative negligence” laws in some other states. The amount of damages awarded is adjusted according to the amount of fault attributed to the injured party.
Hawaii’s Comparative Negligence Rule is a legal doctrine that allows a plaintiff, or injured party, to recover damages from the defendant, even if the plaintiff was partially to blame for the incident. In contrast to a regular negligence-based personal injury claim, Hawaii’s Comparative Negligence Rule takes into account the degree of responsibility that the plaintiff holds, and adjusts reparation accordingly.
Under the Comparative Negligence Rule, a jury will assess and compare the degree to which both parties are responsible for the incident. The jury’s conclusion then calculates the share of responsibility and damages liability of each party. In situations where one party is substantially or solely responsible, they would then bear the full weight of damages liability. However, if both parties are found to be at fault, then the award of damages is determined by allotting responsibility and liability unevenly.
This means that if, for example, one party is found to be 75 percent responsible for the incident and the other party is found to be 25 percent responsible, then the plaintiff would receive 75 percent of the total damages awarded.
Under Hawaii’s comparative negligence system, the plaintiff is never barred from seeking damages from the defendant, even if the plaintiff is also partially to blame for the incident. This differs from other jurisdictions with “pure comparative negligence” laws, where if the plaintiff is found to be more at fault than the defendant, then the plaintiff is completely unable to receive damages from the defendant.
The Comparative Negligence Rule in Hawaii is generally applied in circumstances involving motor vehicle collisions and other personal injury cases resulting from the negligence of another. When a party is found to be at fault and the resulting damages they must pay to the injured party becomes a contentious or complicated matter, the court may refer to the Comparative Negligence Rule to help resolve the dispute.
Due to the wide-ranging and sometimes complicated nature of negligence-based disputes, the jury must carefully assess the evidence surrounding the case and pay attention to all legal stipulations to administer the most fair and impartial damages award possible. The court will analyze and weigh the factors involved in the personal injury claim to determine precisely how much responsibility each party holds and will accordingly adjust the damages awarded accordingly.
The precise limitations and other details of the Comparative Negligence Rule in Hawaii are left up to the court’s discretion and ultimately depend on the merits of the case itself. Therefore, it is important for both the plaintiff and defendant to understand the aspects of the law before settling on a given damages award.
Ultimately, the Comparative Negligence Rule in Hawaii has made it easier for plaintiffs to obtain some form of reparations even if they are partially responsible for the incident. Nonetheless, this law can be complex and difficult to understand. Therefore, in the event that a personal injury claim is contested or the amount of reparation sought after is disputed, it is essential for both parties to have a sound understanding of the details of the Comparative Negligence Rule in Hawaii to ensure that all legal stipulations are met and a fair and reasonable outcome is rendered.
