Relating To Tort Liability.
If enacted, SB1536 would amend the Hawaii Revised Statutes to eliminate liability for civil damages against county lifeguards, their employing counties, and the State, provided the lifeguard has not acted with gross negligence or engaged in wanton acts. This reinstatement of liability protection is expected to bolster the availability of lifeguard services across county beach parks, which is crucial for protecting beachgoers and preventing drowning incidents. Furthermore, it establishes a clearer legal framework regarding the scope of responsibility and accountability for lifeguards and the counties employing them.
Senate Bill 1536 aims to permanently reinstate the liability protections previously afforded to county lifeguards under Act 170, which was repealed on June 30, 2017. The legislation recognizes the essential role of lifeguards in maintaining safety at beaches and oceans in Hawaii and seeks to alleviate the concerns of counties that hesitated to provide lifeguard services due to potential liability issues. By restoring these protections, the bill encourages counties to ensure lifeguard services are available without the fear of lawsuits, allowing for a proactive approach to public safety.
While the bill is generally supported for its public safety implications, it may evoke discussions regarding the balance between protecting public servants and holding them accountable for gross negligence. Critics may argue that eliminating liability can lead to a lower safety standard among lifeguards, as the lack of accountability could potentially incentivize carelessness. It is vital that the discussion around this bill also includes perspectives on how to ensure high standards of lifeguard training and performance to avoid incidents of negligence, which would detract from the bill’s intended protective purpose.