General Info

Accidents
(except MVAs)

Types of Injury

Motor Vehicle Accidents

 

 

Infant Statue of Limitations Tolling

The statute of limitations in Hawaii for a child under the age of majority is generally tolled (stops running) pursuant to HRS § 657-13(1). This gives a minor child an extended period of time in which to bring claims for personal injury. However, the deadline for filing the derivative claims of parents is generally not extended - and hence often such claims will be time-barred within 2 years from the date of the accident. In Kahale v. City and County of Honolulu, 104 Hawai'i 341, 349, 90 P.3d 233, 241 (Hawai'i 2004), the Hawaii Supreme Court stated that by its plain language HRS § 657-13(1) nowhere provides for the tolling of the derivative actions of parents. The court also reasoned that two cases from other jurisdictions have reached this same result - see, Emerson v. Southern Ry. Co., 404 So.2d 576, 580 (Ala.1981) and Smith v. Long Beach City Sch. Dist., 276 A.D.2d 785, 715 N.Y.S.2d 707, 708 (2000).