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.
Being a passenger in a car driven by a bad driver can be fatal. Honolulu's 22nd fatal car accident of 2025 involved a passenger who was ejected after the driver of their car lost control and crashed into a fence first and then into a guardrail on Kam Highway in the Mililani area. The passenger was ejected and killed. See, Fatal Car Accident in Mililani, Hawaii on April 12, 2025
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