Report Title:

County Liability; Hazardous Recreational Activities

 

Description:

Limits counties' liability to persons participating in hazardous recreational activities, including those who assist the participant and spectators who reasonably should have known that the activity created a substantial risk of injury, for damages or injury arising out of that activity. Provides exceptions.

 

THE SENATE

S.B. NO.

1423

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LIMITED LIABILITY FOR COUNTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Counties' liability limited for hazardous recreational activities. (a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectators who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to themselves and were voluntarily in the place or risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.

For the purposes of this section, "hazardous recreational activity" means a recreational activity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury.

"Hazardous recreational activity" includes:

(1) Animal riding, including equestrian competition, archery, bicycle racing or jumping, mountain bicycling, boating, canoeing, diving, hang gliding, hiking, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, paragliding, body contact sports (i.e., sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants), skateboarding, inline skating, roller hockey, surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this paragraph, "mountain bicycling" does not include riding a bicycle on paved pathways, roadways, or sidewalks;

(2) Any form of diving into water from other than a diving board or diving platform, or at any place or from a structure where diving is prohibited and reasonable warning thereof has been given.

(b) In a claim by a person against a county alleging personal injury or death that occurred when the person was participating in, assisting, or observing a hazardous recreational activity on county-owned or controlled property, the county shall be liable only if the injury or death occurred as a direct result of the county's:

(1) Failure to warn when:

(A) The county had actual knowledge of a physically hazardous condition, sufficient time to warn against the condition, and failed to do so; and

(B) When the physically hazardous condition was not known to the person and would not have been known to a reasonably prudent person participating, assisting, or observing the same hazardous recreational activity;

(2) Gross negligence, recklessness, or wilful, wanton, or deliberate conduct.

(c) Nothing in this section shall limit the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were initiated, 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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