Report Title:

Tort Liability; Exception for County Lifeguard or Fire Fighter

Description:

Exempts county lifeguards and fire fighters from civil damages for any acts or omissions while carrying out their duties.

HOUSE OF REPRESENTATIVES

H.B. NO.

2227

TWENTY-SECOND LEGISLATURE, 2004

 

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. The purpose of this Act is to limit the liability of fire fighters in the performance of their duties.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- Exception to liability for county lifeguard and fire fighter services. (a) For the purposes of this section:

"County fire fighter" means a person employed as a fire fighter by a county of this State.

"Employing county" means the county employing a county lifeguard or fire fighter.

(b) Notwithstanding any other law to the contrary, a county lifeguard or a county fire fighter, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the lifeguard or the fire fighter while providing rescue, resuscitative, fire fighting, or other lifeguard or fire fighting services on the beach or in the ocean or within the jurisdiction of the county in the scope of employment as a county lifeguard or county fire fighter. This exception from liability, however, shall not apply when the claim for civil damages results from a county lifeguard's or county fire fighter's gross negligence or wanton act or omission."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon approval.

INTRODUCED BY:

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