Report Title:

State Liability

Description:

State shall not be liable for damage or injury caused by land or rock slide originating on State land so long as State warned the affected property owners of a known hazard of land or rock slides. (HB3093 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

3093

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to state liability.

 

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

SECTION 1. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§662- Limited liability from land or rock slides. Neither the State or any of its officers or employees shall be liable for injury or damage to property, personal injury, or death resulting from a land or rock slide originating on land owned or controlled by the State, unless the State or any of its officers or employees:

(1) Had actual notice of a dangerous condition on the land making it susceptible to land or rock slides;

(2) Had a reasonable opportunity to give a warning of the danger to the affected persons or property owners; and

(3) Failed to provide that warning.

Neither a government entity or any of its officers or employees shall be liable for any damage, injury, or harm arising from the giving of a warning under this section."

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.