Report Title:

Tort Liability; Public Beach Parks

 

Description:

Limits state and county liability for civil damages at a public beach park, or for providing lifeguard services at that park, to gross negligence or wanton acts or omissions of the State or county or its lifeguards.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

880

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO STATE AND COUNTY TORT 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- State and county; lifeguards; no public beach park liability; exceptions. The State or any county operating a public beach park, or providing lifeguard services at any public beach park, or any lifeguard or person designated to provide lifeguard services, acting within the scope of employment or agreement with or assignment by the State or county, shall not be liable to any person for any civil damage resulting from or caused by the person’s use or occupancy of any public beach park or portion of the public beach park, including any portion of any adjacent land or ocean, except for such damage as may result from or be caused by the gross negligence or wanton acts or omissions of the State or county, its lifeguards, or any person designated to provide lifeguard services."

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.

INTRODUCED BY:

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