Report Title:

Torts; Counties; Notice of Claim

Description:

Permits the counties to identify, by charter, the person to whom claimant should give notice of claim for injuries or damage sustained on public property or as a result of the negligence of county official or employee.

HOUSE OF REPRESENTATIVES

H.B. NO.

3251

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to counties.

 

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

SECTION 1. The legislature finds that the counties of the State are best positioned to determine how each county should be served with notice of claims for damages for any injury to persons or property while on public property or by reason of negligence of any official or employee of the county.

The purpose of this Act is to allow each county to establish, through its county charter, the individual to be served with notice of claims for damages arising from conditions on public property or the negligence of any official or employee of the county.

SECTION 2. Section 46-72, Hawaii Revised Statutes, is amended to read as follows:

"§46-72 Liability for damages; notice of injuries. Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues, alleys, sidewalks, or other public places of the county, or on account of any negligence of any official or employee of the county, the person so injured, or the owner or person entitled to the possession, occupation, or use of the property so injured, or someone in the person's behalf, [shall,] within six months after the injuries are received, shall give the individual identified in the respective county's charter, or if none is specified, then the chairperson of the council of the county or the [city] clerk of [Honolulu] the county, notice in writing of the injuries and the specific damages resulting, stating fully in the notice when, where, and how the injuries occurred, the extent thereof, and the amount claimed therefor."

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 Statutory material to be repealed is bracketed and stricken.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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