Torts; Roadways

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



 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.
13                              INTRODUCED BY:______________________