Hawaii Jury Instruction — 1.1: Comparative Negligence Defense refers to a legally recognized defense strategy in civil cases that aims to allocate responsibility for damages between the parties involved based on their respective levels of negligence. This instruction is integral in Honolulu's legal system and provides guidance to the jury on how to determine liability. Comparative negligence is a doctrine which holds that if multiple parties are found to have contributed to the cause of an incident, their liability for the damages incurred will be proportionate to their respective degrees of fault. In other words, each party's negligence will be compared and assessed to determine their share of responsibility in causing the harm. This jury instruction plays a vital role in personal injury cases, such as car accidents, slip and falls, or medical malpractice, where the plaintiff alleges that the defendant(s) acted negligently, leading to their injuries or losses. It allows the jury to decide the extent to which both the plaintiff and the defendant(s) were at fault and assign percentages of negligence to each party. In practice, there are two primary types of comparative negligence instructions used in Hawaii courts: 1. Pure Comparative Negligence: Under this rule, each party involved in the lawsuit, including the plaintiff, can recover damages even if they are found to be mostly responsible for the incident. The amount of compensation awarded is reduced proportionally to their assigned percentage of fault. For instance, if the plaintiff is deemed 80% responsible and the damages awarded are $100,000, they will ultimately receive $20,000 (20% of the total damages). 2. Modified Comparative Negligence (50% Bar Rule): This rule follows the principle of pure comparative negligence but with a limitation. The plaintiff can only recover damages if their assigned fault does not exceed 50%. If their fault surpasses this threshold, they will be barred from receiving any compensation. However, if the plaintiff's share of fault is at or below 50%, their awarded damages will be reduced in proportion to their degree of negligence. These distinct types of comparative negligence instructions ensure that a fair and equitable distribution of liability is achieved in Hawaii's civil cases. Attorneys and jurors carefully consider the evidence presented to determine the extent to which each party contributed to the incident, allowing for an impartial resolution in line with the state's laws and legal principles.
Hawaii Jury Instruction - 1.1 Comparative Negligence Defense
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To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, which are adjectives adopted by McIntyre J., writing for the majority in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
Punitive damages are not designed to compensate the plaintiff, but to deter others from engaging in similar wrongful behavior. While the plaintiff will receive the monetary award, the primary purpose of punitive damages is to punish the defendant.
The degree of injury sustained by the victim is of little consequence in the assessment of punitive damages. The award arises from intentional conduct which disregards the legal rights of the plaintiff in a malicious or outrageous manner.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.