HB 12: RELATING TO TORT LIABILITY.

A BILL FOR AN ACT

RELATING TO TORT LIABILITY.

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

     SECTION 1.  The legislature finds that the landowners' liability law, codified as chapter 520, Hawaii Revised Statutes, promotes public access to land and water areas for recreational purposes by limiting a landowner's liability toward persons who enter their land for these purposes.

     The legislature further finds that, despite the legal protections 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 is injured on the landowner's property.  To ensure that more land and water areas are made publicly available for recreational purposes, the law must be clarified to better protect a landowner from liability for injuries sustained by persons who are on the landowner's property for recreational purposes.

     The purpose of this Act is to encourage more landowners to make land and water areas available to the public for recreational purposes by:

     (1)  Clarifying that the persons who enter the private property for recreational purposes have no cause of action, unless exempted under law;

     (2)  Requiring the courts to award attorneys' fees and costs to landowners if plaintiffs bring unreasonable actions;

     (3)  Establishing, as a matter of law, that persons or minors participating in outdoor recreational activities accept the inherent risks, dangers, or hazards in the activities; and

     (4)  Clarifying the definitions for "recreational purpose" and "recreational user".

     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 who is injured while using the premises as provided in section 520‑3.

     §520-     Award of attorneys' fees and costs.  If the landowner prevails under this chapter and the court finds that the recreational user had no reasonable basis for bringing the action, in addition to the fees and costs permitted under section 607-9, the court shall award the landowner's reasonable attorneys' fees and costs incurred in the lawsuit.

     §520-     Assumption of the risk.  It is recognized that outdoor recreational activities may be hazardous.  Therefore, each person who participates in outdoor recreational activities accepts, as a matter of law, the risks, dangers, or hazards inherent in these activities, and shall not maintain an action against an owner of land for any injuries that result from these inherent risks, dangers, or hazards.  The categories of risks, dangers, or hazards 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 or persons."

     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, including a minor, who is on or about the premises that the owner of land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Landowner Liability; Recreational Uses of Land

Description:

Clarifies that persons who enter private property for recreational purposes have no cause of action, unless exempted under law.  Requires courts to award attorneys' fees and costs to landowners if plaintiffs bring unreasonable actions.  Establishes, as a matter of law, that persons participating in outdoor recreational activities accept the inherent risks, dangers, or hazards in the activities.  Clarifies the definitions for "recreational purpose" and "recreational user".

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.