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★ Hawaii · fracture

Fracture settlements
in Hawaii.

By 9 min read

A woman feeding chickens at a free park and golf course on Kauai was struck by a falling tree branch and fractured her ankle. The recreational use law protects free landowners, but the appeals court let her try to prove willful failure to warn. A hotel guest who slipped on a wet lanai won a new trial when the Supreme Court abolished the known or obvious danger defense.

Facts that decide a fracture claim in Hawaii

Known or obvious dangerThe defense is “no longer viable in Hawaii”; how obvious a danger was is weighed in comparative negligence instead.Steigman v. Outrigger Enterprises (Haw. 2011)
Free recreational landAn owner who opens land free for recreation is liable only for willful or malicious failure to guard or warn against a known danger.Jacobs v. Billy Casper Golf (Haw. App. 2021)
Fault ruleAn injured plaintiff may recover “as long as her negligence is not greater than that of the defendant”; the award is reduced by her share.Haw. Rev. Stat. § 663-31, quoted in Kuahiwinui v. Zelo’s (Haw. 2019)
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Hawaii's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in Hawaii. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ HI · reported fracture outcomes

What Hawaii courts have awarded.

Real Hawaii decisions and verdicts, each linked to the court record or official report.

  • Jacobs v. Billy Casper Golf
    Hawaii Intermediate Court of Appeals · 2021
    Summary judgment vacated

    In February 2013 Jessica Jacobs drove into Kukuiolono Park and Golf Course in Kalaheo, Kauai, which charged no entry fee, to feed chickens. Standing beside her car by a grassy area, she was struck by a large falling branch and fractured her left ankle, needing surgery and rehabilitation. The trial court granted summary judgment under the recreational use law; the appeals court vacated it.

  • Steigman v. Outrigger Enterprises
    Hawaii Supreme Court · 2011
    Defense verdict vacated; new trial

    In March 2003 Steigman was a guest at the Ohana Surf in Honolulu. After a rainstorm she stepped onto the lanai for a chair, slipped and slid, and her foot was trapped under the railing. An expert said the surface lacked the needed slip resistance. The jury found for the hotel and she was ordered to pay $29,722.30 in costs. The Supreme Court vacated the judgment.

★ HI · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Hawaii.

  1. 1

    An obvious hazard no longer ends a Hawaii case; it goes into the fault split.

  2. 2

    On free public land, gather proof the owner knew of the danger, such as earlier falling branches.

  3. 3

    A losing plaintiff can owe costs, as Steigman did before the appeal.

★ HI · statute of limitations
2 years from date of injury

Haw. Rev. Stat. § 657-7

★ HI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ HI · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Hawaii.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Hawaii's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Hawaii · you are hereModified comparative, 51% bar2 years from date of injury—
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
MontanaModified comparative, 51% bar3 years from date of injuryMT · fracture →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
IowaModified comparative, 51% bar2 years from date of injuryIA · fracture →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture →
KansasModified comparative, 50% bar2 years from date of injuryKS · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
★ HI · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of HI
Hawaii overview

Fault rule, statute, caps, and key facts for Hawaii as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Hawaii's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Hawaii. See /methodology, /sources, and /disclaimer.