When it comes to personal injury cases in Hawaii, the doctrine of contributory negligence is an important concept to understand. Contributory negligence refers to the idea that an injured person’s own negligence may have contributed to their injury. This article will discuss how contributory negligence applies in Hawaii personal injury cases.
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What Is Contributory Negligence?
Contributory negligence is a legal doctrine that comes into play when an injured person’s own negligence contributed to the cause of their injury. This means that if the injured person’s actions or inaction were a factor in causing their own injury, then they may be found to have contributed to their own injuries.
Pure Contributory Negligence
In some states, the doctrine of contributory negligence is strict. If an injured person is found to have contributed to their own injuries in any way, they may be barred from recovering any damages at all. This is known as pure contributory negligence.
Thankfully for plaintiffs in Hawaii, pure contributory negligence is not the law. Instead, Hawaii follows a slightly more forgiving doctrine known as comparative negligence.
Comparative Negligence
Hawaii follows the doctrine of comparative negligence. This means that even if an injured person was partially at fault for their own injuries, they may still be able to recover damages in a personal injury lawsuit. The injured person’s recovery will be reduced by their percentage of fault, however.
For example, let’s say that John is injured in a car accident in Hawaii. The accident was caused by the other driver’s negligence, but John was also not wearing his seatbelt at the time of the accident. A jury finds that John was 20% at fault for his own injuries. If John is awarded $100,000 in damages, his recovery will be reduced by 20% to account for his own negligence. This means that he will only be able to recover $80,000 in damages.
Hawaii’s Modified Comparative Negligence Rule
It’s important to note that Hawaii follows a modified comparative negligence rule. This means that an injured person can only recover damages if their percentage of fault is less than 50%. If the injured person’s percentage of fault is 50% or more, they will be unable to recover any damages at all.
For example, let’s say that Sarah is injured in a slip and fall accident at a grocery store in Hawaii. She was texting on her phone and not paying attention to where she was walking when she slipped on a wet floor. A jury finds that Sarah was 60% at fault for her own injuries. Because her percentage of fault is over 50%, Sarah will be unable to recover any damages at all.
Conclusion
Understanding how the doctrine of contributory negligence applies in Hawaii personal injury cases is crucial if you’ve been injured due to someone else’s negligence. While Hawaii does follow a modified comparative negligence rule, it’s possible to recover damages even if you were partially at fault for your own injuries. If you need help pursuing a personal injury claim, it’s important to consult with an experienced personal injury lawyer in Hawaii. They can help you navigate the legal process and fight for the compensation you deserve.