Legal Question in Personal Injury in Hawaii

Tort Law

Are there times when a defendant can be held responsible under tort law even though the defendant did not act negligently or intentionally to harm the plaintiff?


Asked on 11/11/04, 7:34 pm

1 Answer from Attorneys

Robert Kawamura Kawamura Law Office

Re: Tort Law

Yes, a person can be liable for injuries to another person even if he did not act negligently or did not intend to hurt that person. There are two situations where this can occur. The first involves a strict liability statute. Such statutes makes one liable for his/her actions regardless of the person's intent or non-negligent conduct. Secondly, under agency or employment principles, the "master" or "employer" or even "parent" is liable for the actions of his/her "agent", "employee" or "minor child" under certain situations even if the master, employer or parent had nothing to do with the negligent or intentional act.

I hope that this helps you.

Sincerely,

Robert D. Kawamura

Attorney at Law

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Answered on 11/12/04, 1:21 am


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