Relating To Tort Liability.
If enacted, HB 167 aims to foster a safer beach environment by reinstating legal protection for county lifeguards performing rescue and resuscitation services. This move is viewed as a necessary measure to ensure that lifeguard services are available without the fear of litigation that could be detrimental to public safety. By limiting civil liability, the bill intends to encourage counties to maintain robust lifeguard programs, thereby enhancing overall water safety for residents and visitors.
House Bill 167, introduced in the Hawaii State Legislature, focuses on reinstating liability protections previously granted to county lifeguards. The bill comes in response to the repeal of such protections from Act 170 in 2017, which had limited liability for lifeguards while performing their duties, excluding cases of gross negligence. The legislature recognizes that without these protections, some counties may be reluctant to provide lifeguard services at state beach parks due to potential legal repercussions from civil damages arising from their actions.
A notable point of contention surrounding the bill centers around the definition and limits of 'gross negligence' and 'wanton acts.' Critics may worry that the provisions could exempt lifeguards and municipalities from accountability in certain situations, potentially leading to oversight in cases where a lifeguard's actions could have serious consequences. However, the legislation explicitly states that exclusions apply only in cases of non-grossly negligent behavior, which may help mitigate concerns regarding accountability.