Accident Lawyer Hawaii - Personal Injury Attorney Hawaii

Accident Lawyer Hawaii - Attorney William H. Lawson

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Attorney Bill Lawson

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American Society of Legal Advocates - Top 100 - 2014


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AVVO Clients' Choice Personal Injury Lawyer


American Society of Legal Advocates - Top 100 - 2013
American Society of Legal Advocates - Top 100 - 2013



Archived News Items - Table of Contents

Negligence by an Infant

Personal Injury News Items


A child of tender years is probably not capable of Comparative Negligence under Hawaii law. Hawaii case law provides: "[a] child is only required to use the care appropriate to his age, experience and mental capacity." Grace v. Kumalaa, 47 Haw. 281, 386 P.2d 872 (Haw. 1963). [This parallels the Restatement of Torts which provides: "[i]f the actor is a child, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable person of like age, intelligence, and experience under like circumstances." Restatement 2d of Torts, section 283A.] In an old case - Ellis v. Mutual Tel. Co., 29 Haw. 604 (1927) - the Hawaii Supreme Court specifically found that a child of 5 years and 4 months does not have sufficient intelligence and background to be charged with Comparative Negligence. It is probable that this still remains the law of Hawaii.

 

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Accident Lawyer Hawaii

William H. Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813


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(808) 524-5300


Pearl City, Aiea and Waipahu:
(808) 671-7600


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(808) 528-2525


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Recent Personal Injury and Car Accident News


An important victory in the fight for individual rights (as opposed to insurer rights) is the case of Yukumoto and HMSA v. Tawahara. In that case on May 26, 2017, the Hawaii Supreme Court rejected the efforts of a health insurer who tried to convert its insurance coverage into a 'loan agreement' and recover its medical expense payments from Mr. Yukumoto when he had a 3rd party claim - in spite of the fact that he was not being fully compensated for his losses. This insidious insurance practice has been damaging the citizens and members of the Hawaii community for many years. For more info, see the decision here: Yukumoto and HMSA v. Tawahara, Hawaii Sup. Ct. No. SCAP-15-0000460 (May 26, 2017).










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