Landowners' Liab.; Recrea. Use

Amends Landowner Liability Law as to recreational use to clarify
purpose and include state and county governments, include duty of
care provisions, relieve landowner from duty to investigate
risks, and hold user liable for attorneys fees and court costs if
landowner prevails pursuant to chapter 520.

THE SENATE                              S.B. NO.           380
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 520, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "520-     Attorney's fees and court costs.  In any action
 5 in all courts claiming liability of a landowner, if a defendant
 6 land owner prevails due to the limitation of the landowner's
 7 liability pursuant to this chapter, there shall be taxed as
 8 attorney's fees and costs, to be paid by the losing plaintiff, an
 9 amount that the court determines to be reasonable."
10      SECTION 2.  Section 520-1, Hawaii Revised Statutes, is
11 amended to read as follows:
12      "[[]520-1[]]  Purpose.  The purpose of this chapter is to
13 encourage owners of land, including the state and county
14 governments, to make land and water areas available to the public
15 for recreational purposes by limiting their liability toward
16 persons entering thereon for such purposes[.] and by making
17 persons entering those areas responsible for their own personal
18 safety and well-being."

Page 2                                                     
                                     S.B. NO.           380

 1      SECTION 3.  Section 520-2, Hawaii Revised Statutes, is
 2 amended by amending the definitions of "land" and "owner" to
 3 read:
 4      ""Land" means land, roads, water, water courses, private
 5 ways and buildings, structures, and machinery or equipment when
 6 attached to realty[, other than lands owned by the government].
 7      "Owner" means the possessor of a fee interest, a tenant,
 8 lessee, occupant, or person in control of the premises[.] and
 9 includes the State, counties, and their agencies."
10      SECTION 4.  Section 520-3, Hawaii Revised Statutes, is
11 amended to read as follows:
12      "520-3 Duty of care of owner limited.  Except as
13 specifically recognized by or provided in [section]
14 sections 520-5 and 520-6, an owner of land owes no duty of care
15 [to]:
16      (1)  To keep the premises safe for entry or use by others
17           for recreational purposes[, or to];
18      (2)  To investigate the existence of any dangerous
19           conditions, uses, structures, or activities on the
20           premises; or
21      (3)  To give any warning of a dangerous condition, use,
22           structure, or activity on [such] the premises to
23           persons entering for [such] recreational purposes, or

Page 3                                                     
                                     S.B. NO.           380

 1           to persons entering for a purpose in response to a
 2           recreational user who requires assistance, either
 3           direct or indirect, including but not limited to
 4           rescue, medical care, or other form of assistance."
 5      SECTION 5.  Section 520-4, Hawaii Revised Statutes, is
 6 amended by amending subsection (a) to read as follows:
 7      "(a)  Except as specifically recognized by or provided in
 8 [section] sections 520-5 and 520-6, an owner of land who either
 9 directly or indirectly invites or permits without charge any
10 person to use the property for recreational purposes does not:
11      (1)  Extend to any person any assurance that the premises
12           are safe for any purpose;
13      (2)  Confer upon [the] any person the legal status of an
14           invitee or licensee to whom a duty of care is owed;
15      (3)  Assume responsibility for, or incur liability for, any
16           injury to person or property caused by an act of
17           omission or commission of [such persons;] that person;
18           and
19      (4)  Assume responsibility for, or incur liability for, any
20           injury to person or persons who enter the premises in
21           response to an injured recreational user."
22      SECTION 6.  Statutory material to be repealed is bracketed.
23 New statutory material is underscored.

Page 4                                                     
                                     S.B. NO.           380

 1      SECTION 7.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:  _______________________