662D-3  Exception.  Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue and recover civil damages from a volunteer based upon:

Terms Used In Hawaii Revised Statutes 662D-3

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Volunteer: means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity. See Hawaii Revised Statutes 662D-1

     (1)  Any conduct engaged in by the volunteer that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct;

     (2)  Any act or omission in connection with the operation of a motor vehicle;

     (3)  Any conduct engaged in by the volunteer while the volunteer is unreasonably interfering with the lawful activities of another;

     (4) Any conduct engaged in by the volunteer that takes place on private property when the volunteer’s presence on the property was not consented to by the owner;

     (5)  Any act or omission within a volunteer’s scope of practice for which the volunteer is licensed, certified, permitted, or registered under state law to perform; provided that this paragraph shall not apply to volunteer medical assistance services pursuant to section 321-2.5; and

     (6)  Any criminal offense committed by the volunteer.