Report Title:

Tort Liability; Immunity for Certain Volunteers

Description:

Provides immunity from civil liability for trained installers and inspectors of automotive child passenger restraint devices.

THE SENATE

S.B. NO.

1567

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TORT LIABILITY IMMUNITY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. A very high percentage of automotive child restraint devices are incorrectly installed, thereby rendering them ineffective in the event of an accident. The legislature finds that one of the most effective means of educating the public on proper child restraint device installation is to have trained personnel demonstrate the skill for individuals, and inspect installations performed by those individuals. The legislature further finds that volunteers are reluctant to perform this vital public service out of fear of being held civilly liable if an injury occurs in a child restraint device installed or inspected by that volunteer.

The purpose of this Act is to provide immunity from liability for trained installers and inspectors of automotive child restraint devices.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-    Trained installers and inspectors of child passenger restraint devices; limited liability. Any person who has successfully met the minimum required training standard for installation of child passenger restraint devices in motor vehicles established by the National Highway Traffic Safety Administration of the United States Department of Transportation, who in good faith and without remuneration or expectation of remuneration, installs, or inspects the installation of, a child passenger restraint device shall not be liable for any civil damages resulting from the person's acts or omissions related to such installation or inspection, except for any damages that may result from the person's gross negligence or wanton acts or omissions."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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