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 the county knew of a hazardous condition but failed to warn.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1248

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to tort liability.

 

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"663- County liability for hazardous recreational activities. Notwithstanding any law to the contrary, the liability of a county for personal injury or death arising from a hazardous recreational activity on county-owned or county-controlled property or beach shall be limited to a county's:

(1) Failure to warn, if:

(A) The county had actual prior knowledge of a hazardous recreational activity that had occurred on the property or beach, as applicable, and sufficient time to warn in accordance with law against the activity and failed to do so; and

(B) The nature of the hazardous recreational activity was such that the hazards would not be known to a reasonably prudent person participating in such activity;

(2) Gross negligence;

(3) Recklessness; or

(4) Wilful, wanton, or deliberate conduct.

For purposes of this section, "hazardous recreational activity" includes, but is not limited to, motorized vehicle racing, mountain bicycling, hang gliding, archery, pistol or rifle shooting, surfing, waterskiing, jet skiing, motor boating near swimmers, rock climbing, skateboarding, or other similar activities that require observation and caution to avoid injury."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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