Report Title:

Premises Liability

 

Description:

Establishes the claimant's burden of proof in certain claims against the owner of a retail premises by persons lawfully on the premises for damages sustained from a fall due to an unreasonable risk of harm existing in or on the premises.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

451

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to liability.

 

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

SECTION 1. The purpose of this Act is to establish the claimant's burden of proof in negligence claims brought against the owner of a retail premises by a person lawfully on the premises for damages sustained due to an unreasonable risk of harm existing in or on the premises.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- Premises liability; burden of proof. (a) In any negligence claim brought against the owner or occupier of any retail premises by a person lawfully on the premises for damages as a result of an injury, death, or loss caused by an allegedly unsafe condition, the claimant shall have the burden of proving the following:

(1) The unsafe condition presented an unreasonable risk of harm to the claimant;

(2) The owner or occupier of the retail premises had either actual or constructive notice of the unreasonable risk of harm prior to the occurrence which caused the injury, death, or loss; and

(3) The owner or occupier of the retail premises failed to exercise reasonable care."

SECTION 3. This Act shall apply only to causes of action based upon acts or omissions occurring on or after its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.