Report Title:

Tort Liability

 

Description:

Under certain circumstances, exempts from tort liability a person who allows their personal property to be used by another person for shelter without remuneration, and a person who allows a nonprofit organization to use tangible personal property without remuneration.

 

 


HOUSE OF REPRESENTATIVES

H.B. NO.

30

TWENTY-FIFTH LEGISLATURE, 2009

 

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. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"663- Limited liability for use of tangible personal property without remuneration. (a) No civil liability or cause of action shall arise from a person's allowing a nonprofit organization to use the person's tangible personal property without remuneration or expectation of remuneration, except for such damages as may result from the person's gross negligence or wanton acts or omissions. For purposes of this subsection, "nonprofit organization" means an organization falling within Section 501(c)(3) of the United States Internal Revenue Code.

(b) No civil liability or cause of action shall arise from a person's allowing the use of the person's tangible personal property for shelter by another person without remuneration or expectation of remuneration, except for such damages as may result from the person's gross negligence or wanton acts or omissions."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2010.

 

INTRODUCED BY:

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