Report Title:
Sports and Recreational Activity Liability
Description:
Expands the scope of sport and recreational activities in the liability law; assigns legal responsibility to persons who assume inherent risks in those sport or recreational activities; defines "provider" as person who for profit or otherwise, offers/conducts a sport or recreational activity. (SD1)
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THE SENATE |
S.B. NO. |
826 |
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TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sports and recreational activity liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 663-1.54, Hawaii Revised Statutes, is amended to read as follows:
"[[]§663-1.54[] Recreational] Sport or recreational activity liability. (a) Any person who [owns or operates a business providing] provides sport or recreational activities to the public[,] for profit or otherwise, such as, without limitation, baseball, softball, football, volleyball, tennis, soccer, basketball, swimming, hunting, fishing, horseback riding or any other equine activity, hiking, or trail-building, scuba or skin diving, sky diving, bicycle tours, and mountain climbing, shall exercise reasonable care to ensure the safety of patrons and the public, and shall be liable for damages resulting from negligent acts or omissions of the person which cause injury.
[(b) Notwithstanding subsection (a), owners and operators of recreational activities shall not be liable for damages for injuries to a patron resulting from inherent risks associated with the recreational activity if the patron participating in the recreational activity voluntarily signs a written release waiving the owner or operator's liability for damages for injuries resulting from the inherent risks. No waiver shall be valid unless:
(1) The owner or operator first provides full disclosure of the inherent risks associated with the recreational activity; and
(2) The owner or operator takes reasonable steps to ensure that each patron is physically able to participate in the activity and is given the necessary instruction to participate in the activity safely.]
(b) Any person who takes part in any sport or recreational activity assumes the inherent risks in that sport or recreational activity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury, or death to the person's self or other persons or property that results from the inherent risks in that sport or recreational activity. Each such person shall sign a statement indicating the person assumes responsibility for any risk from the sport or activity.
(c) The determination of whether a risk is inherent or not is for the trier of fact. As used in this section an "inherent risk":
(1) Is a danger or condition that a reasonable person would understand to be [associated with the activity by the very nature of the] characteristic of or intrinsic to, or an integral part of the sport or recreational activity engaged in; and
[(2) Is a danger that a reasonable person would understand to exist despite the owner or operator's exercise of reasonable care to eliminate or minimize the danger, and is generally beyond the control of the owner or operator; and
(3)] (2) Does not result from the negligence, gross negligence, or wanton act or omission of the owner or operator."
(d) As used in this section, "provider" means any person who for profit or otherwise, offers or conducts a sport or recreational activity."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.