Relating To Tort Liability.
If enacted, SB392 would have a significant impact on the provision of lifeguarding services across Hawaii's beaches and oceans. By removing the fear of liability, the bill aims to increase the availability of lifeguard services, which could enhance public safety. The measure recognizes the critical role lifeguards play in preventing accidents and preserving life, aligning with broader public safety goals. However, it maintains a balance by allowing for accountability in cases of gross negligence, ensuring that lifeguards act responsibly within their roles.
SB392, introduced in Hawaii's Thirty-First Legislature, seeks to permanently reinstate the liability protections that were previously granted to county lifeguards under Act 170, which was in effect until its repeal on June 30, 2017. This reinstatement aims to encourage counties to provide lifeguard services at state beach parks without the apprehension of being liable for civil damages resulting from their actions while performing their duties. The bill defines a 'county lifeguard' as any individual employed as a lifeguard by a county and restricts the circumstances under which liability can be claimed, ensuring that lifeguards and their employing counties aren't held accountable for actions taken in the course of their duties unless gross negligence is demonstrated.
The discussion surrounding SB392 may evoke differing opinions among stakeholders. Supporters, particularly among local government officials and safety advocates, might argue that this bill is essential for fostering a safer beach environment, as more comprehensive lifeguard coverage can lead to fewer drowning incidents. Conversely, some critics may express concerns regarding the potential for reduced accountability among lifeguards, suggesting that the lack of liability could lead to complacency or inadequate performance in lifeguard duties.