Haw. Rev. Stat. § 553A-17

Current through the 2024 Legislative Session
Section 553A-17 - Liability to third persons
(a) A claim based on:
(1) A contract entered into by a custodian acting in a custodial capacity;
(2) An obligation arising from the ownership or control of custodial property; or
(3) A tort committed during the custodianship;

may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

HRS § 553A-17

L 1985, c 91, pt of §1