REPORT TITLE:
Counties, Limit Liability


DESCRIPTION:
Provides that a county will only be liable for personal injury
occurring at a county-owned or controlled facility for hazardous
recreational activities if the county acts with gross negligence,
recklessness, or wilful, wanton, or deliberate behavior, or if
county knew of a hazardous condition but failed to warn.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1249
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�46-    Counties' liability limited for hazardous
 
 5 recreational activities.  In a claim by a person against a county
 
 6 alleging personal injury or death that occurred while the person
 
 7 was participating in a hazardous recreational activity on county-
 
 8 owned or controlled property, the county shall be liable only if
 
 9 the injury or death occurred as a direct result of the county's:
 
10      (1)  Failure to warn when:
 
11           (A)  The county had actual knowledge of a physically
 
12                hazardous condition, sufficient time to warn
 
13                against the condition, and failed to do so; and
 
14           (B)  When the physically hazardous condition was not
 
15                known to the person and would not have been known
 
16                to a reasonably prudent person participating in
 
17                the same hazardous recreational activity;
 
18      (2)  Gross negligence;
 
19      (3)  Recklessness; or
 

 
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                                     S.B. NO.           1249
                                                        
                                                        

 
 1      (4)  Wilful, wanton, or deliberate conduct.
 
 2      For the purposes of this section, hazardous recreational
 
 3 activities include motorized vehicle racing, mountain bicycling,
 
 4 hang gliding, archery, pistol or rifle shooting, surfing,
 
 5 waterskiing, rock climbing, skateboarding, or other similar
 
 6 activities."
 
 7      SECTION 2.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.
 
10      SECTION 3.  New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________