REPORT TITLE:
Landowners' Liability


DESCRIPTION:
Amends HRS to include the state, any county or political
subdivision of the State, or other public entity within the
State, as owners not liable for recreational users of land.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           965
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LANDOWNERS' LIABILITY. 


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

 1      SECTION 1.  Section 520-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§520-1[]]  Purpose.  The purpose of this chapter is to
 
 4 encourage owners of land, including the state, any county or
 
 5 political subdivision of the State, or other public entity within
 
 6 the State, to make land and water areas available to the public
 
 7 for recreational purposes by limiting [their] the owners'
 
 8 liability toward persons entering thereon for such purposes."
 
 9      SECTION 2.  Section 520-2, Hawaii Revised Statutes, is
 
10 amended by amending the definitions of "land" and "owner" to read
 
11 as follows:
 
12      ""Land" means land, roads, water, water courses, [private]
 
13 access ways and buildings, structures, and machinery or equipment
 
14 when attached to realty[, other than lands owned by the
 
15 government].
 
16      "Owner" means the possessor of a fee interest, a tenant,
 
17 lessee, occupant, or person in control of the premises[.],
 
18 including but not limited to private parties and the State, any
 
19 county or political subdivision of the State, or other public
 

 
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 1 entity within the State."
 
 2      SECTION 3.  Section 520-3, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§520-3 Duty of care of owner limited.  Except as
 
 5 specifically recognized by or provided in [section] sections
 
 6 520-5 and 520-6, an owner of land owes no duty of care to [keep]:
 
 7      (1)  Keep the premises safe for entry or use by others for
 
 8           recreational purposes[,or to give];
 
 9      (2)  Investigate the existence of any dangerous conditions,
 
10           uses, structures, or activities on the premises;
 
11      (3)  Give any warning of a dangerous condition, use,
 
12           structure, or activity on [such] the premises to
 
13           persons entering for [such] recreational purposes, or
 
14           to persons entering for a purpose in response to a
 
15           recreational user who requires assistance, either
 
16           direct or indirect, including but not limited to
 
17           rescue, medical care, or other form of assistance."
 
18      SECTION 4.  Section 520-4, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  Except as specifically recognized by or provided in
 
21 [section] sections 520-5 and 520-6, an owner of land who either
 
22 directly or indirectly invites or permits without charge any
 
23 person to use the property for recreational purposes does not:
 

 
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 1      (1)  Extend to any person, any assurance that the premises
 
 2           are safe for any purpose;
 
 3      (2)  Confer upon [the] any person the legal status of an
 
 4           invitee or licensee to whom a duty of care is owed;
 
 5      (3)  Assume responsibility for, or incur liability for, any
 
 6           injury to person or property caused by an act of
 
 7           omission or commission of such persons; and
 
 8      (4)  Assume responsibility for, or incur liability for, any
 
 9           injury to person or persons who enter the premises in
 
10           response to an injured recreational user."
 
11      SECTION 5.  Section 520-5, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]§520-5[]]  Exceptions to limitations.  Nothing in this
 
14 chapter limits in any way any liability which otherwise exists: 
 
15      (1)  For wilful or malicious failure to guard or warn
 
16           against a dangerous condition, use, or structure which
 
17           the owner knowingly creates or perpetuates and for
 
18           wilful or malicious failure to guard or warn against a
 
19           dangerous activity which the owner knowingly pursues or
 
20           perpetuates. 
 
21      (2)  For injury suffered in any case where the owner of land
 
22           charges the person or persons who enter or go on the
 
23           land for the recreational use thereof, except that in
 

 
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 1           the case of land leased to the State [or a], any
 
 2           county, or political subdivision [thereof,] of the
 
 3           State, or other public entity within the State,
 
 4           [thereof,] any consideration received by the owner for
 
 5           such lease shall not be deemed a charge within the
 
 6           meaning of this section. 
 
 7      (3)  For injuries suffered by a house guest while on the
 
 8           owner's premises, even though the injuries were
 
 9           incurred by the house guest while engaged in one or
 
10           more [of the activities] recreational purposes as
 
11           designated in section 520-2[(3)]."
 
12      SECTION 6.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 7.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:  _______________________