Report Title:
Landowners' Liability; Limited Liability; Hunting
Description:
Limits civil liability for landowners who allow hunters to use their property for hunting.
THE SENATE |
S.B. NO. |
1085 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LANDOWNERS' LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that approximately half of the conservation-zoned lands in Hawaii are under private ownership. Encouraging private landowners to control game animals on their lands will contribute to the management and restoration of watersheds and forests.
The legislature further finds that hunting is an effective way to control wildlife and protect forests and watersheds from over-population of game animals in many areas. Encouraging a cooperative partnership between private landowners and the hunting public to open more areas to hunting and control animals on private lands will help manage watersheds and forests and help protect adjacent public resources.
One reason that more private lands are not open to hunting is a concern over lawsuits should a hunter be injured while on private property. Although state law provides limited liability for landowners who allow public use of their lands for recreational purposes, the cost, uncertainty, and inconvenience of dealing with potential lawsuits discourage landowners from opening their lands.
The legislature finds that hunters are a small, specialized group that are aware of the risks and rigors of wild lands and traditionally have not been involved in liability suits. Because of the level of skill needed to obtain a hunting license, the legislature finds that the group having the highest skill level of all of the recreational user groups in Hawaii are hunters. Hunters are required to be experienced or complete a hunter safety training course to obtain a Hawaii hunting license, which includes education on conservation, hunter safety, and hunting regulations. Hunters must also sign a waiver of liability for any area set aside for public hunting when obtaining a license.
The legislature finds that private landowners who allow hunters to hunt on their lands or to traverse their lands to gain access to public lands to help control game animals do a public service that helps manage watersheds and protect forests for all citizens. The legislature also finds that limiting landowners' liability for injuries from hunters and those accompanying hunters while on private land will provide an incentive for landowners to allow hunting, and that doing so is in the public interest.
The purpose of this Act is to establish a higher level of protection from civil suit for private landowners who allow access to or across their lands for hunting purposes.
SECTION 2. Section 520-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§520-5[]] Exceptions to limitations. (a) Nothing in this chapter limits in any way any liability [which] that 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[.];
(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[.]; or
(3) For injuries suffered by a house guest while on the owner's premises, even though the injuries were incurred by the house guest while engaged in one or more of the activities designated in section 520-2(3).
(b) Subsection (a)(1) shall not apply to an owner of land who either directly or indirectly invites or permits without charge any person to use the property solely for hunting or traverse the property to access a lawful hunting area for hunting."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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