HI Bar - Hawaii Bar Torts and Negligence Questions and Answers

Question 1

A plaintiff is injured in a car accident in Honolulu and suffers $100,000 in damages.
A jury determines that the plaintiff was 50% at fault and the defendant was 50% at fault.
Under Hawaii's negligence law, how much can the plaintiff recover from the defendant?

Accepted Answer

C) $50,000, as damages are reduced by the plaintiff's percentage of fault.

Answer

A) $0, because the plaintiff was equally at fault.

Answer

B) $100,000, with the defendant's insurance covering the full amount.

Answer

D) $49,000, because recovery is barred if the plaintiff's fault is 50% or more.

Question 2

A tourist is injured when a coconut falls from a tree on a hotel property in Maui. The tourist did not see the coconut fall and there were no eyewitnesses. The hotel had exclusive control over the maintenance of the palm trees on its property. Which legal doctrine would be most helpful for the plaintiff in establishing the hotel's breach of duty?

Accepted Answer

B) Res ipsa loquitur

Answer

A) Assumption of risk

Answer

C) Negligence per se

Answer

D) Last clear chance

Question 3

Which of the following is NOT an essential element that a plaintiff must prove to establish a prima facie case of negligence in Hawaii?

Accepted Answer

C) The defendant acted with malicious intent.

Answer

A) The defendant owed a duty of care to the plaintiff.

Answer

B) The defendant's breach of duty was the proximate cause of the plaintiff's injuries.

Answer

D) The plaintiff suffered actual damages.

Question 4

A tenant in a Honolulu apartment building is repeatedly harassed by a neighbor in the common areas. The tenant sends multiple written complaints to the landlord about the neighbor's threatening behavior. The landlord takes no action. Subsequently, the neighbor assaults the tenant in the building's laundry room, causing serious injury. What is the landlord's most likely liability to the injured tenant?

Accepted Answer

C) Liable in negligence, for breaching the duty to maintain safe common areas after being put on notice of a specific threat.

Answer

A) No liability, as the landlord is not responsible for the criminal acts of tenants.

Answer

B) Strict liability for all injuries occurring on the premises.

Answer

D) Liable only if the landlord had a special relationship with the assailant.

Question 5

A pedestrian is struck by a car in Hilo on May 1, 2023. The pedestrian suffers a broken leg and incurs significant medical bills. According to the Hawaii statute of limitations for personal injury claims, what is the latest date the pedestrian can file a lawsuit against the driver?

Accepted Answer

B) May 1, 2025

Answer

A) May 1, 2024

Answer

C) May 1, 2026

Answer

D) May 1, 2029

Question 6

A bar in Waikiki serves alcohol to a person who is already visibly intoxicated. The intoxicated person then drives away from the bar and causes an accident that injures a third party. Under Hawaii's dram shop liability principles, is the bar potentially liable for the third party's injuries?

Accepted Answer

A) Yes, because Hawaii's common law recognizes dram shop liability for commercial vendors who serve visibly intoxicated patrons who then harm others.

Answer

B) No, Hawaii statutes explicitly shield commercial vendors from any liability related to the actions of their patrons.

Answer

C) No, only the drunk driver is ever liable for their own actions.

Answer

D) Yes, but only if the third party was also a patron of the same bar.

A plaintiff is injured in a car accident in Honolulu and suffers $100,000 in damages.A jury determines that the plaintiff was 50% at fault and the defendant was 50% at fault.Under Hawaii's negligence law, how much can the plaintiff recover from the defendant?

A plaintiff is injured in a car accident in Honolulu and suffers $100,000 in damages.
A jury determines that the plaintiff was 50% at fault and the defendant was 50% at fault.
Under Hawaii's negligence law, how much can the plaintiff recover from the defendant?