Walker Morgan LLC

ATTORNEYS AT LAW

Hawaii Burn Injury Law

Negligence

In order to bring a successful negligence claim in Hawaii, the plaintiff must prove that a duty existed on the part of the defendant, the defendant breached that duty, the defendant’s breach of duty was the proximate cause of harm to the plaintiff, and the plaintiff suffered damages as a result.

Modified Comparative Negligence

Hawaii is a comparative negligence state. This means the jury in a negligence action will apportion fault for the injury amongst all parties in the suit. If the plaintiff is found to have been 51% or more at fault for their own injury, they will be barred from monetary recovery. Under this method, if the plaintiff is found to be 50% or less responsible for their injury, they will be permitted to recover in proportion to the attributed percentage of fault.

For example, if the plaintiff suffered damages in the amount of $1,000,000 and court or jury finds the defendant to be 90% at fault, the plaintiff would be entitled to recover since their portion of fault was only 10% (less than 51%) and would receive a damage award of $900,000.

Joint & Several Liability

§ 663-10.9 generally abolishes joint and several liability in Hawaii. However, certain exceptions exist that hold joint tortfeasors in a personal injury action jointly and severally liable for economic damages. Further, joint tortfeasors are held jointly and severally liable for both economic and non-economic damages in an action for strict products liability. When an individual’s degree of negligence is found to be less than 25%, the amount that is permitted to be recovered against that tortfeasor for non-economic damages is limited to that percentage.

Damages

Compensatory Damages

Compensatory damages are monetary damages awarded to recompense a victim for the value of the loss sustained. It includes both economic and non-economic damages. Economic damages include loss of income, medical expenses, future medical and treatment costs, property damage, or loss of earning capacity. It also includes non-economic damages such as pain and suffering, or emotional distress.

Punitive Damages

Punitive damages are meant to punish a defendant for aggravated or outrageous misconduct and also to deter a defendant as well as others from similar conduct in the future. To recover punitive damages in Hawai’i a plaintiff must prove by clear and convincing evidence that the defendant acted oppressively or wantonly or with malice, or where it is shown that there has been some form of willful misconduct on the part of the defendant, or misconduct which raises the presumption that there was conscious indifference to the consequences of such misconduct.

DISCLAIMER:

The law firm of Walker Morgan is located at 135 E Main St., Lexington, SC 29072. All lawyers at Walker Morgan are licensed to practice law in the State of South Carolina. Should you wish to retain our firm for legal representation regarding a potential case in any other jurisdiction we are required to associate local counsel in that foreign jurisdiction and seek permission from a court of the foreign jurisdiction to temporarily engage in the practice of law therein for purposes of pursuing your potential claim only.

By offering the following information the lawyers at Walker Morgan are not offering legal advice or legal guidance. The lawyers at Walker Morgan are not licensed to practice law in Hawaii. Should you have a question/concern specific to Hawaii law, please contact an attorney licensed to practice law in the State of Hawaii.

Our Attorneys

injury lawyer kirk morgan

Kirk Morgan

Attorney

injury lawyer billy walker

Billy Walker

Attorney

injury lawyer will walker

Will Walker

Attorney

injury lawyer chuck slaughter

Chuck Slaughter

Attorney

Types of Burns

Hot Fire Icon

Degrees of Burns

First , second , and third degree burns

Learn More
Medical Attention Icon

Burn Injuries

There are many types of burn injuries

Learn More
Heat Icon

Scald Burn Injury

Caused when very hot liquids come into contact with skin

Learn More
Electricty Plug In Icon

Electrical Burns

Electricity can burn the skin and is capable of causing internal damage

Learn More
Chemical Burn Injury Icon

Chemical Burns

Caused when a strong acid or base comes into direct contact with skin

Learn More
Car Icon

Car/Boating Accidents

Thermal burns can occur if the car catches fire or explodes

Learn More
Small Fires Icon

Gas Explosions

Caused when a gas leak combines with an ignition source

Learn More
Business Icon

Worker’s Compensation

If you've been burned on the job, you may need legal guidance

Learn More
Battery Icon

E-Cigarette Burns

Can be caused by defective batteries or overheated vapor

Learn More

WE HAVE THE EXPERIENCE

National Trial Lawyers Badge
American Leaders Forum Badge
American Bar Badge
American Judicature Society Badge
South Carolina Association for Justice Badge
Super Lawyers Logo
NBTA Badge
Lawyers.com Badge
Civil Justice Foundation Badge
Melvin Belli Badge
SCAJ Association Badge
SC Capital Club Badge