Report Title:

Landowner Liability

 

Description:

Limits landowner liability where landowner charges person to use property for recreational purposes.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1119

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to landowner liability.

 

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

SECTION 1. Section 520-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits with or without charge any person to use the property for recreational purposes does not:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;

(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of such persons; and

(4) Assume responsibility for, or incur liability for, any injury to person or persons who enter the premises in response to an injured recreational user."

SECTION 2. Section 520-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]520-5[]] Exceptions to limitations. Nothing in this chapter limits in any way any liability which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates[.]; or

[(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

(3)] (2) For injuries suffered by a house guest while on the owner's premises, [even though the] unless the injuries were incurred by the house guest while engaged in one or more of the activities designated in section 520-2(3)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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