Reference Source

Comparative fault system · Hawaii

For Comparative fault system · Hawaii, state is Hawaii; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought; fault threshold is 51%, recorded from its source on 2026-08-31.

State
Hawaii our reading
Rule type
Comparative fault system our reading
Fault system
Modified comparative fault (51% bar) our reading
When the plaintiff's own fault bars recovery
if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought verified
Fault threshold
51% our reading
Statutory citation
663-31 verified
Sourcecapitol.hawaii.gov
Verified
Review by
DatasetComparative fault system and joint and several liability rules by state

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.

capitol.hawaii.gov, retrieved 2026-08-31

Where each value comes from

The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.

Statutory citation

663-31 Contributory negligence no bar; comparative negligence; findings of fact and special verdicts.

— all from capitol.hawaii.gov, retrieved 2026-08-31

Source

Last verified against source: . Due for re-check by . This page as Markdown · OKF bundle · full dataset as JSON.