HOUSE OF REPRESENTATIVES

H.B. NO.

2686

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RElating to civil 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- Emergency; limited liability of private property owner. (a) An owner of private property shall not be liable for any injury, death, loss, or damage suffered by a person who was allowed on the premises due to an emergency by the owner of the private property or an agent of the owner of the private property, unless the injury, death, loss, or damage was:

(1) Intentionally inflicted upon the person by the owner of the private property or an agent of the owner of the private property; or

(2) Caused by the gross negligence of the owner of the private property or an agent of the owner of the private property.

(b) For the purposes of this section, "emergency" means a situation in which life, health, or property is in jeopardy, demanding immediate assistance."

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 upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Emergency Shelter; Private Property Owner; Limited Liability

 

Description:

Exempts the owners of private property from liability for injury, death, loss, or damage suffered by another if the person was allowed on the premises due to an emergency, unless it was intentionally inflicted or occurred by the gross negligence of the private property owner or an agent of the private property owner.

 

 

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