Report Title:
Tort Actions; Government Entity; Joint and Several Liability
Description:
Repeals government agency's joint and several liability in tort claims relating to maintenance and design of highways; limits liability to percentage share of damages attributable to the government agency.
|
THE SENATE |
S.B. NO. |
1591 |
|
TWENTY-FOURTH LEGISLATURE, 2007 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to tort actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 663-10.5, Hawaii Revised Statutes, is amended to read as follows:
"§663‑10.5 Government
entity as a tortfeasor; abolition of joint and
several liability. 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].
For purposes of this section, "government entity" means any unit of government in this State, including the State and any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government, or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county.
For purposes of this section, the liability of a government entity shall include its vicarious liability for the acts or omissions of its officers and employees."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|