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HI HB12

HI HB12
Relating To Tort Liability.


summary

Introduced
01/16/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead
05/08/2026

Introduced Session

2025 Regular Session

Bill Summary

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".

AI Summary

This bill amends Hawaii's tort liability law regarding recreational property use to provide greater legal protections for landowners and encourage them to open their properties for public recreational activities. The bill clarifies that people who enter private property for recreational purposes generally cannot sue the landowner for injuries, with some exceptions. It requires courts to award attorneys' fees and costs to landowners if plaintiffs bring unreasonable lawsuits, and establishes that participants in outdoor recreational activities legally accept inherent risks such as variations in terrain, environmental conditions, and potential hazards like rocks, trees, structures, and collisions. The bill expands the definition of "recreational purpose" to include additional activities like biking, spectating, and motorsports, and broadens the definition of "recreational user" to explicitly include minors. By providing these legal safeguards, the legislation aims to reduce landowners' fears of litigation and thereby increase public access to land and water areas for recreational use. The bill does not affect legal proceedings or rights that existed before its effective date and will take effect upon approval.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Carried over to 2026 Regular Session. (on 12/08/2025)

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