Bill Text: HI SB2176 | 2024 | Regular Session | Introduced
Bill Title: Relating To Tort Liability.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2024-02-07 - The recommendation was not adopted. [SB2176 Detail]
Download: Hawaii-2024-SB2176-Introduced.html
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THE SENATE |
S.B. NO. |
2176 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that, despite the legal protection currently afforded under chapter 520, Hawaii Revised Statutes, landowners remain reluctant to open their lands for recreational use due to the threat of lawsuits and associated costs in the event a person or minor is injured on the landowner's property.
The legislature also finds that chapter 520, Hawaii Revised Statutes, must be clarified to better protect a landowner from liability for injuries experienced by persons or minors while on the landowner's property for recreational purposes to ensure that more land and water areas can be available to the public for recreational purposes.
The purpose of this Act is to encourage more landowners to make land and water areas available with or without charge to the public for recreational purposes by:
(1) Clarifying that persons or minors injured on the landowner's property in circumstances where a landowner's liability is limited under chapter 520, Hawaii Revised Statutes, have no cause of action;
(2) Awarding attorneys' fees and costs if a suit is determined to lack a reasonable basis for bringing the action; and
(3) Providing that persons or minors, as a matter of law, assume the risks for outdoor recreational activities and cannot maintain an action against the landowner for any injuries resulting from these inherent risks.
SECTION 2. Chapter 520, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§520- No
cause of action. Except as provided in section 520-5, no
cause of action shall exist for a person or minor injured using the premises as
provided in section 520-3.
§520- Award of attorneys' fees and costs. If,
as to any action against a landowner, the court finds against the claimant
because of the application of this chapter, it shall determine whether the
claimant had a reasonable basis for bringing the action, and if no reasonable
basis is found, shall order the claimant to pay for the reasonable attorneys'
fees and costs incurred by the landowner in defending against the action.
§520- Assumption of the risk. It is recognized that outdoor recreational activities may be hazardous. Therefore, each person or minor who participates in outdoor recreational activities accepts, as a matter of law, the dangers inherent in these activities, and shall not maintain an action against an owner, occupant, or lessee of land for any injuries that result from these inherent risks, dangers, or hazards. The categories of risks, hazards, or dangers that the outdoor recreational participant assumes as a matter of law include but are not limited to the following: variations in terrain, trails, paths, or roads; surface or subsurface snow or ice conditions; bare spots, rocks, trees, stumps, and other forms of forest growth or debris; structures on the land; environmental toxic exposure; equipment not in use; pole lines; fences; and collisions with other objects, persons, or minors."
SECTION 3. Section 520-2, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "recreational purpose" to read:
""Recreational purpose" includes but is not limited to any of the following, or any combination thereof: hunting, fishing, swimming, biking, boating, camping, picnicking, hiking, pleasure driving, spectating, nature study, water skiing, winter sports, motorsports, and viewing or enjoying historical, archaeological, scenic, or scientific sites."
2. By amending the definition of "recreational user" to read:
""Recreational user" means any person or minor who is on or about the premises that the owner of land either directly or indirectly invites or permits, with or without charge, entry onto the property for recreational purposes."
SECTION 4. Section 520-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits with or without charge any person or minor to use the property for recreational purposes does not:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person or minor the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume
responsibility for, or incur liability for, any injury to person, minor,
or property caused by an act of omission or commission of [such] the
persons[;] or minors; and
(4) Assume
responsibility for, or incur liability for, any injury to person [or],
persons, or minors who enter the premises in response to an injured
recreational user."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Landowner Liability; Recreational Uses of Land
Description:
Clarifies that persons or minors that enter private property with or without charge by a landowner for recreational purposes have no cause of action, unless exempted under law. Requires a court to award attorneys' fees and costs to landowners if plaintiffs bring unreasonable claims. Establishes as a matter of law, persons or minors participating in outdoor recreational activities accept the inherent dangers in the activities.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
