REPORT TITLE:
Tort Liability


DESCRIPTION:
Limits county liability for personal injury occurring at a
county-owned or controlled facility for hazardous recreational
activities (such as skateboarding) to when the county acts with
gross negligence, recklessness, or wilful, wanton, or deliberate
behavior, or if county knew of a hazardous condition but failed
to warn.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1429        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO TORT LIABILITY. 



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

 1      SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "663-    County liability for hazardous recreational
 
 5 activities.  Notwithstanding any law to the contrary, the
 
 6 liability of a county for personal injury or death arising from a
 
 7 hazardous recreational activity on county-owned or county-
 
 8 controlled property or beach shall be limited to a county's:
 
 9      (1)  Failure to warn, if:
 
10           (A)  The county had actual prior knowledge of a
 
11                hazardous recreational activity that had occurred
 
12                on the property or beach, as applicable, and
 
13                sufficient time to warn in accordance with law
 
14                against the activity and failed to do so; and
 
15           (B)  The nature of the hazardous recreational activity
 
16                was such that the hazards would not be known to a
 
17                reasonably prudent person participating in such
 
18                activity;
 
19      (2)  Gross negligence;
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (3)  Recklessness; or
 
 2      (4)  Wilful, wanton, or deliberate conduct.
 
 3      For purposes of this section, "hazardous recreational
 
 4 activity" includes, but is not limited to, motorized vehicle
 
 5 racing, mountain bicycling, hang gliding, archery, pistol or
 
 6 rifle shooting, surfing, waterskiing, jet skiing, motor boating
 
 7 near swimmers, rock climbing, skateboarding, or other similar
 
 8 activities that require observation and caution to avoid injury."
 
 9      SECTION 2.  New statutory material is underscored.
 
10      SECTION 3.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________