Relating To Tort Liability.
If passed, HB2266 will amend Chapter 663 of the Hawaii Revised Statutes to establish an exception to liability for county lifeguards. Under this proposed law, county lifeguards, their employing counties, and the State would not bear civil liabilities for acts or omissions occurring during the provision of lifeguard services in their official capacity—except in cases of gross negligence or wanton acts or omissions. This regulatory change is intended to promote more robust lifeguard services, thereby enhancing public safety at state-managed beaches and ocean areas.
House Bill 2266, introduced in the State of Hawaii's Thirty-Second Legislature of 2024, aims to permanently reinstate liability protections for county lifeguards providing services at state beach parks and in the ocean, a measure that was previously established under Act 170, Session Laws of Hawaii, 2002. This reinstatement is crucial as it addresses concerns that arose after the original protections were repealed on June 30, 2017. The absence of these protections has inhibited some counties from offering lifeguard services due to fears of potential legal liabilities. By restoring these protections, the bill seeks to ensure the continued security and safety of residents and visitors engaging in beach activities across Hawaii.
Although the bill is primarily focused on reinstituting liability protections to encourage lifeguard services, the implications of its passage could lead to discussions around accountability and expectations of lifeguards during emergency situations. Proponents of the bill argue that it strikes a beneficial balance between protecting lifeguards from undue legal pressure while ensuring they are still held accountable for extreme misconduct. However, concerns may arise around what constitutes gross negligence or wanton acts, and whether this language sufficiently protects the rights of individuals who may suffer harm due to lifeguard inaction or errors.