HB1026

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

landowner's liability for access to private roadways

§ -A Definitions. As used in this chapter, unless the context requires otherwise:

"Charge" means an admission price or fee asked in return for invitation or permission to enter or go upon a private roadway.

"Private roadway" means all roads, alleys, streets, ways, lanes, bikeways, canehaul roads, and bridges situated on privately owned lands.

"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the private roadway. § -B Duty of care of owner limited. Except as specifically recognized by or provided in section -D, an owner of a private roadway owes no duty of care to keep the premises safe for entry or use by others to gain egress or ingress from one public highway to another public highway, or to give any warning of a dangerous condition, use, structure, or activity on the private roadway to persons entering for such purposes, or to persons entering in response to such persons who require assistance, either directly or indirectly, including but not limited to rescue, medical care, or other form of assistance.

§ -C Liability of owner limited. Except as specifically recognized by or provided in section -D, an owner of a private roadway who either directly or indirectly invites or permits without charge any person to use the private roadway for egress or ingress from one public highway to another public highway does not:

(1) Extend any assurance that the private roadway is safe for any purpose;

(2) Confer upon the 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 any person or damage to any property caused by an act of omission or commission of such persons; and

(4) Assume responsibility for, or incur liability for, any injury to any person or persons who enter the private roadway in response to an injured person who entered the private roadway.

§ -D Exceptions to limitations. Nothing in this chapter limits in any way any liability that otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure that the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity that the owner knowingly pursues or perpetuates; or

(2) For injury or damages suffered in any case where the owner of private roadway charges the person or persons who enter and utilizes the private roadway, except that in the case of a private roadway 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.

§ -E Persons using private roadway. Nothing in this chapter shall be construed to:

(1) Create a duty of care or ground for liability for injury to persons or damage to property; or

(2) Relieve any person using the private roadway of another for egress or ingress from one public highway to another public highway from any obligation that the person may have in the absence of this chapter to exercise care in the person's use of the private roadway and in the person's activities thereon, or from the legal consequences of failure to employ such care."

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. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1026
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII