Report Title:

Counties; Limited Liability; Skate Parks

Description:

Establishes limited liability for counties and county employees for damages or injury to persons or property arising out of hazardous recreational activities in a skate park.

THE SENATE

S.B. NO.

1101

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LIMITED LIABILITY FOR COUNTIES.

 

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

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Counties' liability limited for hazardous recreational activities in a skate park. (a) For the purposes of this section:

"Hazardous recreational activity" means a recreational activity that creates a substantial (as distinguished from a minor, trivial, or insignificant) risk or injury and includes skateboarding, inline skating, and roller hockey.

"Skate park" means a facility that is within a county park or other county-owned or -controlled property and that is designated by the county for the recreational use of persons using skateboards and roller skates, including inline roller skates.

(b) Except as provided in subsection (c), neither a public entity nor a public employee shall be liable for any damage or injury to property or persons arising out of a hazardous recreational activity to any person who participates in the hazardous recreational activity in a skate park, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to the spectator and was voluntarily in the place of risk or, having the ability to do so, failed to leave.

(c) In a claim by a person against a county alleging personal injury or death that occurred when the person was participating in, assisting, or observing a hazardous recreational activity in a skate park, the county shall be liable only if the injury or death occurred as a direct result of the county's:

(1) Failure to warn of a physically hazardous condition when:

(A) The county had actual knowledge of a condition that poses an unreasonable risk of harm, sufficient time to warn against the condition, and failed to do so; and

(B) The condition that poses an unreasonable risk of harm was not known to the person and would have been known to a reasonably prudent person participating, assisting, or observing the same hazardous recreational activity; or

(2) Gross negligence, recklessness, or wilful, wanton, or deliberate conduct.

(d) Nothing in this section shall limit the liability of an independent concessionaire, or any person or organization other than the public entity or a public employee, whether or not the concessionaire, person, or organization has a contractual relationship with the public entity to use the county-owned or -controlled property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity at a skate park by the concessionaire, person, or organization."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were initiated, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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By Request