Report Title
:Counties; Limited Tort Liability
Description:
Limits the counties' liability for injuries or deaths resulting from hazardous recreational activities to situations involving a failure to warn, gross negligence, recklessness, and wilful, wanton, or deliberate conduct.
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THE SENATE |
S.B. NO. |
50 |
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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 COUNTY 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- Counties' liability limited for hazardous recreational activities. In a claim by a person against a county alleging personal injury or death that occurred while the person was participating in a hazardous recreational activity on county-owned or controlled property, the county shall be liable only if the injury or death occurred as a direct result of the county's:
(1) Failure to warn when:
(A) The county had actual knowledge of a physically hazardous condition, sufficient time to warn against the condition, and failed to do so; and
(B) The physically hazardous condition was not known to the person and would not have been known to a reasonably prudent person participating in the same hazardous recreational activity;
(2) Gross negligence;
(3) Recklessness; or
(4) Wilful, wanton, or deliberate conduct.
For the purposes of this section, "hazardous recreational activities" include motorized vehicle racing, mountain bicycling, hang gliding, archery, pistol or rifle shooting, surfing, waterskiing, rock climbing, skateboarding, or other similar activities."
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.
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INTRODUCED BY: |
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