HRS §663E-7
How fault is shared in drug user lawsuits
This section explains how fault is divided in lawsuits brought by a drug user. If the drug user is partly at fault, their money award is reduced by that share. The defendant must prove the drug user's fault with clear and convincing evidence. Non-drug users cannot be assigned fault.
The statute, as written — Comparative responsibility
(a) An action by an individual drug user shall be governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. (b) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence. (c) Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user.
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