REPORT TITLE:
Liability


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2115
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LIMITED LIABILITY.



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

 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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                                     H.B. NO.           
                                                        
                                                        

 
 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.
 
14 
 
15                           INTRODUCED BY:_________________________