RELATING TO TORT LIABILITY.

HB12

HOUSE OF REPRESENTATIVES

H.B. NO.

12

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO TORT LIABILITY
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that the landowners'
liability law, codified as chapter 520, Hawaii Revised Statutes, promotes public
access to land and water areas for recreational purposes by limiting a
landowner's liability toward persons who enter their land for these purposes.

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The legislature further finds that,
despite the legal protections currently afforded under chapter 520, Hawaii
Revised Statutes, landowners remain reluctant to open their lands for
recreational use due to the threat of lawsuits and associated costs in the
event a person is injured on the landowner's property.
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To ensure that more land and water areas are
made publicly available for recreational purposes, the law must be clarified to
better protect a landowner from liability for injuries sustained by persons who
are on the landowner's property for recreational purposes.

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The purpose of this Act is to
encourage more landowners to make land and water areas available to the public
for recreational purposes by:

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(1)
�
Clarifying that
the persons who enter the private property for recreational purposes have no
cause of action, unless exempted under law;

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(2)
�
Requiring the courts
to award attorneys' fees and costs to landowners if plaintiffs bring
unreasonable actions;

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(3)
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Establishing, as a
matter of law, that persons or minors participating in outdoor recreational
activities accept the inherent risks, dangers, or hazards in the activities;
and

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(4)
�
Clarifying the definitions for
"recreational purpose" and "recreational user".

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SECTION
2
.
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Chapter
520
,
Hawaii Revised Statutes, is amended by adding three new sections to be
appropriately designated and to read as follows:

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"
�520-
�
No cause of action.
�
Except as provided in section 520-5, no
cause of action shall exist for a person who is injured while using the
premises as provided in section 520‑3.

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�520-
�
Award of attorneys' fees and costs.
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If the landowner prevails under this
chapter and the court finds that the recreational user had no reasonable basis
for bringing the action, in addition to the fees and costs permitted under
section 607-9, the court shall award the landowner's reasonable attorneys' fees
and costs incurred in the lawsuit.

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�520-
�
Assumption of the risk.
�
It is recognized that outdoor recreational
activities may be hazardous.
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Therefore,
each person who participates in outdoor recreational activities accepts, as a
matter of law, the risks, dangers, or hazards inherent in these activities, and
shall not maintain an action against an owner of land for any injuries that
result from these inherent risks, dangers, or hazards.
�
The categories of risks, dangers, or hazards
that the outdoor recreational participant assumes as a matter of law include
but are not limited to the following:
�
variations in terrain, trails, paths, or
roads; surface or subsurface snow or ice conditions; bare spots, rocks, trees,
stumps, and other forms of forest growth or debris; structures on the land;
environmental toxic exposure; equipment not in use; pole lines; fences; and
collisions with other objects or persons.
"

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SECTION

3
.
�
Section 520-2,
Hawaii Revised Statutes, is amended as follows:

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1.
�
By amending the definition of "recreational
purpose" to read:

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""Recreational
purpose" includes but is not limited to any of the following, or any
combination thereof:
�
hunting, fishing,
swimming,
biking,
boating, camping, picnicking, hiking, pleasure
driving,
spectating,
nature study, water skiing, winter sports,
motorsports,

and viewing or enjoying historical, archaeological, scenic, or scientific
sites."

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2.
�
By
amending the definition of "recreational user" to read:

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"
"Recreational
user" means any person
, including a minor,
who is on or about the
premises that the owner of land either directly or indirectly invites or
permits, without charge, entry onto the property for recreational
purposes."

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SECTION 4.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 6.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Landowner
Liability; Recreational Uses of Land

Description:

Clarifies that persons who enter private property for
recreational purposes have no cause of action, unless exempted under law.
�
Requires courts to award attorneys' fees and
costs to landowners if plaintiffs bring unreasonable actions.
�
Establishes, as a matter of law, that persons
participating in outdoor recreational activities accept the inherent risks, dangers,
or hazards in the activities.
�
Clarifies the definitions for
"recreational purpose" and "recreational user".

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.