This bill builds on previous legislation intended to provide liability protections for lifeguards in Hawaii. Act 170, established in 2002, created a framework for limited immunity, which was repeatedly extended through subsequent acts until the effectiveness of a permanent liability exception could be evaluated. By making the exception for county lifeguards permanent through HB665, the legislature aims to ensure that lifeguards can operate without the fear of legal repercussions when providing essential life-saving services, thus enhancing public safety at Hawaii's beaches.
Summary
House Bill 665 seeks to establish an exception to liability for county lifeguards who provide rescue, resuscitative, or other lifeguard services without remuneration. The bill emphasizes that these lifeguards act within their scope of employment on beaches or in the ocean. This legislative act is aimed at protecting lifeguards and their employing counties from civil damages that might arise during the conduct of their duties, unless such actions amount to gross negligence or willful misconduct. The provisions set forth in this bill are intended to reinforce public safety by encouraging the deployment of lifeguard services at potentially dangerous swimming areas.
Contention
Opponents of similar liability protection measures have voiced concerns regarding accountability and the potential for substandard rescue services. The contention revolves around balancing public safety and the legal protections necessary to encourage lifeguard services while ensuring that lifeguards are adequately trained and vigilant in their duties. Discussions surrounding previous iterations of this legislation have highlighted the importance of assessing lifeguard performance and preventive measures to maintain high safety standards in aquatic environments.
An Act Concerning The Expansion Of Certification Courses In Cardiopulmonary Resuscitation And Education And Training Courses In The Use Of Automatic External Defibrillators And The Administration Of First Aid.