THE SENATE	S.B. NO.	2522
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to landowner 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-   Trespass; no duty of care; liability of owner; rebuttable presumption. (a)  Notwithstanding any provision in this chapter to the contrary, an owner of land owes no duty of care to keep the land safe for entry or use by a trespasser or to give any warning of a dangerous condition, use, structure, or activity on the land to a trespasser.

(b)  There shall be a presumption that an owner of land is not liable to a trespasser for injury, loss, damage, or death occurring on the premises; provided that:

(1) The land has a sign or signs displayed on the land sufficient to give notice and containing the words "Private Property" and "No Trespassing; and

(2) The sign or signs, containing letters not less than two inches in height, are placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line.

(c)  In any action for civil damages, the presumption that an owner of land is not liable to a trespasser for injury, loss, damage, or death occurring on the land may be rebutted by a preponderance of the evidence that the owner:

(1) Committed an act or omission that constitutes gross negligence or wilful or wanton disregard for the safety of the trespasser and that act or omission caused the injury, loss, damage, or death; or

(2) Intentionally injured the trespasser.

(d)  As used in this section, unless the context otherwise requires:

"Invited guest" means any person specifically invited by the owner or authorized representative of the owner to visit land for social, business, or other purpose.

"Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government.

"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, or corporation in control of the land.

"Trespasser" means a person who enters or remains on land without the permission of the owner or the owner's agent and who is not an invited guest."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2010.

INTRODUCED BY:

_____________________________

Report Title:

Landowner Liability; Trespass

Description:

Provides that landowners have no duty of care to trespassers.  Establishes rebuttable presumption of no liability if the land is posted with signs.  Permits trespasser to overcome presumption by preponderance of evidence that owner was grossly negligent or intentionally injured the trespasser.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.