Hawaii Senate Bill SB568

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/27/21
• Report Pass: 2/17/21
• Refer: 2/17/21

Caption

Relating To Tort Liability.

Impact

The proposed amendments to Chapter 520 of the Hawaii Revised Statutes seek to provide clarity and heightened protection for landowners. By making it clear that individuals assume the risks associated with outdoor activities, the bill aims to reduce litigation against landowners for accidents that occur on their property. This law would not only reinforce existing protections but also actively promote the availability of land for public recreation, which could lead to increased outdoor activities and tourism.

Summary

SB568 aims to clarify and enhance the legal protections for landowners in Hawaii regarding liability for injuries that occur on their property during recreational activities. The bill seeks to encourage more landowners to make their land and water areas available for public recreational use by limiting their liability. The essence of the bill is to specify that individuals injured while participating in outdoor recreational activities do not have a cause of action against landowners, unless specified otherwise by law. This change is expected to mitigate the fears of landowners about potential lawsuits that could arise from injuries on their property.

Contention

Despite its intended benefits, SB568 has raised some points of contention. Supporters argue that the bill will help foster greater access to recreational areas and support landowners who are hesitant to allow public access due to liability concerns. However, there are critics who may worry that limiting legal recourse for individuals injured during recreational activities could undermine their rights and safety. The delicate balance between encouraging land use for recreation and ensuring adequate legal protections for participants in these activities continues to be a significant discussion point as the bill progresses.