Report Title:

State Tort Liability; School Campuses

Description:

Limits the State's liability for accidents occurring on school campuses.

THE SENATE

S.B. NO.

348

TWENTY-SECOND LEGISLATURE, 2003

 

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. Section 302A-1148.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1148.5[]] Use of school grounds; assumption of risk. Any person who enters school grounds for the purpose of using the school's grounds, facilities, or equipment for [recreational purposes,] any purpose, and who is not a student or member of the faculty or administration of that school, is deemed to assume the risk of liability for any injuries or death resulting from the use of the grounds, facilities, or equipment. This assumption of risk shall not apply if[:

(1) The person is an invitee or licensee to whom a duty of care is owed by the school; provided that the person has received prior written authorization from the school principal or other responsible person to use the school's grounds, facilities, or equipment; or

(2) The] the injuries or death were caused by wilful or wanton misconduct, including but not limited to the wilful or malicious failure to guard or warn against a dangerous condition, use, or structure [which] that was knowingly created or perpetuated[,] and wilful or malicious failure to guard or warn against a dangerous activity [which] that was knowingly perpetuated."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

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