Report Title:

Joint and Several Liability; Design Professionals

Description:

Abolishes joint and several liability for design professionals except when design professional's degree of negligence is twenty-five per cent or more. (HB2297 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2997
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TORTS.

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

     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-   Design professional as a tortfeasor. (a)  Any other law to the contrary notwithstanding, including sections 663-10.9, 663-11 to 663-13, 663-16, 663—17, and 663-31, in any case where a design professional is determined to be a tortfeasor along with one or more other tortfeasors, the design professional shall be liable for no more than that percentage share of damages attributable to the design professional for tort claims relating to the maintenance and design of public highways, except when the design professional's degree of negligence is twenty-five per cent or more.  The liability of a design professional shall include vicarious liability for the acts or omissions of the design professional's officers and employees.

(b)  For purposes of this section:

"Design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464."

     SECTION 2.  The provisions of this Act shall apply retroactively to the extent permitted by law.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2112.