Editor's Note: Personal Maintenance in Survival Actions in Hawaii

摘要

Schap (2016) classifies the various state jurisdictions according to the applicable norms for reduction for decedent's own consumption in wrongful death and survival actions, based on relevant case law or secondary-source, published review of applicable state law. Hawaii is classified therein as a personal consumption state. The Hawaii Revised Statutes (HRS) §§663-7 and 663-8, however, make clear that in survival actions the personal maintenance norm is designated. For cases brought under HRS §663-3, "Death by wrongful act," there is no similarly explicit statutory designation of an appropriate norm. Forensic economists retained in wrongful death matters governed by the laws of Hawaii should review applicable case law with retaining counsel regarding the appropriate decedent self-consumption standard.