Limits liability against injuries sustained in activities
organized for after-school activities or by child care
organizations that provide youths with recreational activities.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "663-    Organized after-school and recreational
 5 activities; limited liability of certain organizations.  (a)  Any
 6 contractor or child care organization that provides recreational
 7 activities, such as, without limitation, inline skating,
 8 rollerskating, skin diving, bicycle tours, and hiking, shall
 9 exercise reasonable care to ensure the safety of the participants
10 and the public, and shall be liable for damages resulting from
11 negligent acts or omissions which causes the death or injury of a
12 participant.
13      (b)  Notwithstanding subsection (a), contractors or child
14 care organizations providing recreational activities shall not be
15 liable for damages for injuries to a participant resulting from
16 inherent risks associated with the recreational activity if the
17 person participating in the recreational activity, or the
18 person's legal guardian, voluntarily signs a written release
19 waiving the contractor's or child care organization's liability

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 1 for damages for injuries resulting from the inherent risks.  No
 2 waiver shall be valid unless:
 3      (1)  The contractor or child care organization first
 4           provides full disclosure of the inherent risks
 5           associated with the recreational activity; and
 6      (2)  The contractor or child care organization takes
 7           reasonable steps to ensure that each participant is
 8           physically able to participate in the activity and is
 9           given the necessary instruction to participate in the
10           activity safely.
11      The determination of whether a risk is inherent or not is
12 for the trier of fact.
13      (c)  As used in this section:
14      "Child care organization" means an individual, organization,
15 or agency licensed under chapter 346, part VIII.
16      "Contractor" means any individual, organization, or agency
17 that has a contract with the department of education under
18 section 302A-1149 to operate an after school child care program.
19      "Inherent risk":
20      (1)  Is a danger that a reasonable person would understand
21           to be associated with the activity by the very nature
22           of the activity engaged in;
23      (2)  Is a danger that a reasonable person would understand

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 1           to exist despite the contractor's or child care
 2           organization's exercise of reasonable care to eliminate
 3           or minimize the danger, and is generally beyond the
 4           control of the contractor or child care organization;
 5           and
 6      (3)  Does not result from the negligence, gross negligence,
 7           or wanton act or omission of the contractor or child
 8           care organization."
 9      SECTION 2.  This Act does not affect rights and duties that
10 matured, penalties that were incurred, and proceedings that were
11 begun, before its effective date.
12      SECTION 3.  New statutory material is underscored.
13      SECTION 4.  This Act shall take effect upon its approval.
15                           INTRODUCED BY:_________________________