Jury Instruction On Effects Of Comparative Negligence Statute Required - Accident Lawyer Hawaii

Product Liability Lawyer - Accident Attorney Hawaii

Honolulu Products Liability Lawyer Bill Lawson

Attorney Bill Lawson

What We Do at Accident Lawyer Hawaii - video Honolulu Personal Injury Attorney - Claims We Handle Personal Injury Attorney Hawaii results Honolulu Personal Injury Attorney - Call us now

Awards and Honors


AV Preeminent rated by Martindale Hubbell
Martindale Hubbell - AV rated lawyer - Best Rating Possible


Multi-Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum


AVVO Top Rated Personal Injury Attorney
AVVO Top Rated Personal Injury Attorney, 10 of 10


ATLA Top 100 Trial Lawyers
ATLA Top 100


5.0 of 5.0 top rated by Lawyers.com
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible


National Trial Lawyers - Top Lawyer
National Trial Lawyers - Top 100 Trial Lawyers


Million Dollar Advocates Forum
Million Dollar Advocates Forum


American Society of Legal Advocates - Top 100 - 2014
American Society of Legal Advocates - Top 100 - 2014


Marquis' Who's Who
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law


AVVO Clients' Choice Personal Injury Lawyer
AVVO Clients' Choice Personal Injury Lawyer


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



Defective Products - Table of Contents

Jury Instruction On Effects Of Comparative Negligence Statute Required

Products Liability Cases In Hawaii



HRS § 663-31(d) provides "The court shall instruct the jury regarding the law of comparative negligence where appropriate." The Hawaii appellate courts have found that this includes a jury instruction explaining to the jury the practical effect of the comparative negligence statute - especially for a plaintiff found more than 50% negligent.


In Kaeo v. Davis, 68 Haw. 447, 719 P.2d 387 (1986), the Supreme Court found that the trial court erred when it failed to inform the jury of the possible legal effect of a verdict apportioning negligence among the plaintiff and joint tortfeasors. The Hawaii Supreme Court clearly indicated that it adopted the school of thought regarding comparative negligence which requires the jury to be fully informed of the legal effect of finding percentages of negligence in order that the jury might be better able to fulfill its fact finding function. Kaeo at page 460, 719 P.2d at 395-396.


This position of the Hawaii Courts has been recently reaffirmed in the case of Rapoza v. Parnell, 83 Haw. 78, 924 P.2d 572 (Haw. App. 1996). In that case, the Court reversed a jury's decision where the Plaintiff had requested an instruction regarding the law of comparative negligence and the trial court had refused such an instruction. The Rapoza court found once again that it was reversible error to refuse a proposed jury instruction regarding the practical effect of the comparative negligence statute.

 

Facebook Company page for Accident Lawyer Hawaii - William H. Lawson LinkedIn Company page for Top Honolulu Personal Injury Attorney William H. Lawson Google+ page for Bill Lawson - HI's Best PI Law Firm




Accident Lawyer Hawaii

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


New client hotline:
(808) 524-5300


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


Main business phone:
(808) 528-2525


Directions to Honolulu office


Get a free consultation


HI accident news
and articles


Court cases re:
Hawaii accident law


Lawson Law
Scholarship 2018





Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii





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).










Choose one of the 4 menus below:



There is NO CHARGE for sending your case information to our law firm. The information provided on this website is preliminary and informational ONLY. It is not legal advice. The use of our webpages does not establish an attorney-client relationship. This website is copyright 1999-2017 and the contents of this website are the property of Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and our Privacy Policy are available here for your consideration. All rights reserved.

Hawaii Defective Products Liability Attorney Lawyer

We thank you for visiting our site!