REPORT TITLE:
Torts; Roadways


DESCRIPTION:
Imposes a duty on governmental entities that design, accept, or
maintain a highway, roadway, trail, or other public way so that
it is reasonably safe and convenient for public travel, and makes
the entity liable in damages in the same manner as private
persons, subject to exceptions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1352
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO 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-     Liability for the design and maintenance of
 
 5 roadways.  Any governmental entity that designs, accepts, or
 
 6 maintains a highway, roadway, trail, or other public way shall
 
 7 have the duty to maintain it so that it is reasonably safe and
 
 8 convenient for public travel and shall be liable in damages to
 
 9 any person on that highway, roadway, trail, or other public way
 
10 in the same manner as any private person, with the following
 
11 exceptions:
 
12      (1)  Liability among joint tortfeasors shall be as defined
 
13           in section 663-10.5;
 
14      (2)  Liability shall not extend toward any action that was
 
15           discretionary in nature, or the result of an action, or
 
16           absence of action by the legislative body of the
 
17           entity; and
 
18      (3)  In those cases where the entity has assumed
 
19           responsibility for roads originally built or laid out
 

 
Page 2                                                     
                                     S.B. NO.           1352
                                                        
                                                        

 
 1           by private owners and which did not meet accepted
 
 2           standards at the time of acceptance by the entity, the
 
 3           entity shall be responsible only for the wilful or
 
 4           malicious failure to guard or warn against dangerous
 
 5           conditions, uses, or structures which the entity has
 
 6           knowingly created or perpetuated."
 
 7      SECTION 2.  This Act shall apply only to causes of action
 
 8 based upon acts or omissions occurring on or after its effective
 
 9 date.
 
10      SECTION 3.  New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.
 
12 
 
13                              INTRODUCED BY:______________________