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
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
- capitol.hawaii.govhttps://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm