[§481K-5]  Other remedies.  (a)  Nothing
in this chapter shall in any way limit the rights or remedies available to
consumers, or to the State under any other law.



(b)  Any agreement entered into by a consumer
for the purchase or lease of an assistive device that waives, limits, or
disclaims any of the rights set forth in this chapter shall be void as contrary
to public policy.



(c)  In addition to pursuing other remedies, a
consumer may bring an action to recover damages caused by a violation of this
chapter.  The court shall award a consumer who prevails in the action twice the
amount of any pecuniary loss, together with costs, disbursements, and
reasonable attorney fees, and any equitable relief that the court may determine
is appropriate.  A failure by a manufacturer to provide the warranty required
by section 481K-2 or the notice provided by section 481K-4 shall constitute
prima facie evidence of an unfair or deceptive act or practice under chapter
480.  Any action brought under this chapter by a consumer must be initiated
within one year following the expiration of the warranty period. [L 1997, c
282, pt of §1]



 



Case Notes



 



  Where plaintiff ultimately prevailed on the principal issues
on appeal concerning the definition of "nonconformity" in §481K-1 and
whether defendant was given a reasonable opportunity to repair the
nonconformity, plaintiff was the "prevailing party" for purposes of
awarding appellate costs and attorney fees; as subsection (c) allows a court to
award "reasonable attorney fees" stemming from proceedings at both
the trial and appellate levels, and plaintiff provided a list of requested fees
in accordance with HRAP rule 39(d)(1) which were not objected to by defendant,
plaintiff's request for attorney's fees was granted.  120 H. 257, 204 P.3d 476.



  Notwithstanding seller's failure to provide buyer with the
required written warranty of fitness for ordinary purposes under §481K-2(a),
where buyer failed to establish that buyer suffered any damages caused by that
violation, the violation did not support the trial court's award of damages in
the case.  118 H. 285 (App.), 188 P.3d 799.