Report Title:
Landowner Liability
Description:
Amends landowner liability law as to recreational use to clarify purpose, include exceptions to immunity in liability and duty of care provisions, relieve landowner from duty to investigate risks, and make user liable for attorneys fees and court costs if landowner is found not liable under an exception to immunity.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1580 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to landowner liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 520-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§520-1[]] Purpose. The purpose of this chapter is to encourage owners of land, including the state and county governments, to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes[.] and by making persons entering those areas responsible for their own personal safety and well-being."
SECTION 2. Section 520-3, Hawaii Revised Statutes, is amended to read as follows:
"§520-3 Duty of care of owner limited. Except as specifically recognized by or provided in [section] sections 520-5 and 520-6, an owner of land owes no duty of care [to]:
(1) To keep the premises safe for entry or use by others for recreational purposes[, or to];
(2) To investigate the existence of any dangerous conditions, uses, structures, or activities on the premises; or
(3) To give any warning of a dangerous condition, use, structure, or activity on [such] the premises to persons entering for [such] those purposes, or to persons entering for a purpose in response to a recreational user who requires assistance, either direct or indirect, including but not limited to rescue, medical care, or other form of assistance."
SECTION 3. Section 520-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as specifically recognized by or provided in [section] sections 520-5 and 520-6, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not:
(1) Extend to any person any assurance that the premises are safe for any purpose;
(2) Confer upon [the] any person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of [such] those persons; and
(4) Assume responsibility for, or incur liability for, any injury to person or persons who enter the premises in response to an injured recreational user."
SECTION 4. Section 520-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§520-5[]] Exceptions to limitations. Nothing in this chapter limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates.
(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
(3) For injuries suffered by a house guest while on the owner's premises, even though the injuries were incurred by the house guest while engaged in one or more of the activities designated in section 520-2(3).
In any action brought pursuant to this section, if the owner of the land is found not liable for the plaintiff's injuries, the plaintiff shall be responsible for payment of that owner's reasonable attorneys' fees and court costs."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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