Report Title:

Sports and Recreational Activity Liability

Description:

Provides that providers of sports or recreational activities, whether for profit or otherwise, shall only be liable for damages resulting from their negligent acts or omissions which cause injury, and that persons who take part in the sports or recreational activity assume the inherent risks of the activity.

THE SENATE

S.B. NO.

37

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SPORTS AND RECREATIONAL ACTIVITY LIABILITY.

 

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

SECTION 1. Section 663-1.54, Hawaii Revised Statutes, is amended to read as follows:

"[[]663-1.54[] Recreational] Sports or recreational activity liability. (a) Any person who [owns or operates a business providing] is a provider of a sports or recreational [activities] activity to the public for profit or otherwise, such as, without limitation, baseball, softball, football, volleyball, tennis, soccer, basketball, swimming, kayaking, hunting, fishing, horseback riding or any other equine activity, hiking or trail-building, scuba or skin diving, sky diving, bicycle tours, and mountain climbing, shall exercise reasonable care to ensure the safety of patrons and the public, and shall be liable for damages resulting from negligent acts or omissions of the person which cause injury.

[(b) Notwithstanding subsection (a), owners and operators of recreational activities shall not be liable for damages for injuries to a patron resulting from inherent risks associated with the recreational activity if the patron participating in the recreational activity voluntarily signs a written release waiving the owner or operator's liability for damages for injuries resulting from the inherent risks. No waiver shall be valid unless:

(1) The owner or operator first provides full disclosure of the inherent risks associated with the recreational activity; and

(2) The owner or operator takes reasonable steps to ensure that each patron is physically able to participate in the activity and is given the necessary instruction to participate in the activity safely.]

(b) Any person who takes part in any sports or recreational activity assumes the inherent risks in that sports or recreational activity, whether those risks are known or unknown. No liability shall arise for any damage, injury, or death to such person that results from the inherent risks in the sports or recreational activity in which the person takes part.

(c) The determination of whether a risk is inherent or not is for the trier of fact.

(d) As used in this section [an "inherent risk":

(1) Is]:

"Inherent risk" is a danger or condition that [a]:

(1) A reasonable person would understand to be [associated with the activity by the very nature of the] characteristic of, intrinsic to, or an integral part of the sports or recreational activity engaged in; and

[(2) Is a danger that a reasonable person would understand to exist despite the owner or operator's exercise of reasonable care to eliminate or minimize the danger, and is generally beyond the control of the owner or operator; and

(3)] (2) Does not result from the negligence, gross negligence, or wanton act or omission of the [owner or operator.] provider.

"Provider" means any person who for profit or otherwise, offers or conducts a sports or recreational activity."

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

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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