Report Title:

Tort Liability; Beaches and Trails

Description:

Limits the State's and counties' liability for injury or death to any person arising from the use of any beach or hiking trail that is owned or controlled by the State or counties, unless the injury or death resulted from gross negligence or wilful and wanton misconduct on the part of the State or counties.

HOUSE OF REPRESENTATIVES

H.B. NO.

886

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO 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- Limitation on state and county liability; beaches and hiking trails. Notwithstanding any law to the contrary, the State and counties shall not be liable for any injury or death to any person arising from the person's use of any beach or hiking trail that is owned or controlled by the State or counties, unless the injury or death results from gross negligence or wilful and wanton misconduct on the part of the State or counties."

SECTION 2. Section 198D-7.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§198D-7.6[]] Limitation on liability. The State and counties shall not be liable for any injury or death to any person arising from the person's use of unimproved lands owned or controlled by the State or counties and regulated under section 198D-6, unless the injury or death results from gross negligence or wilful and wanton misconduct on the part of the State[.] or counties."

SECTION 3. This Act shall apply only to causes of action based upon acts or omissions occurring on or after 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 Statutory material to be repealed is bracketed and stricken.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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