[§6D-9]  Liability.  (a)  An owner of acave who either directly or indirectly invites or permits without charge anyperson to use the cave for educational, native Hawaiian cultural, or scientificpurposes does not:

(1)  Extend any assurance that the premises are safefor any purpose;

(2)  Confer upon the person the legal status of aninvitee or licensee to whom a duty of care is owed;

(3)  Assume responsibility for, or incur liabilityfor, any injury to person or property caused by an act of omission or commissionof those persons; or

(4)  Assume responsibility for, or incur liabilityfor, any injury to any person or persons who enter the premises in response toan injured educational, native Hawaiian cultural, or scientific user.

(b)  Nothing in this section shall be construedto:

(1)  Create a duty of care or ground of liability forinjury to persons or property; or

(2)  Relieve any person using the cave of another foreducational, native Hawaiian cultural, or scientific purposes from anyobligation which the person may have in the absence of this section to exercisecare in the person's use of that cave and in the person's activities therein,or from the legal consequences of failure to employ such care; or

(3)  Limit the effect of chapter 520.

(c)  Nothing in this section limits in any wayany liability which otherwise exists:

(1)  For wilful or malicious failure to guard or warnagainst a dangerous condition, use, or structure which the owner knowinglycreates or perpetuates and for wilful or malicious failure to guard or warnagainst a dangerous activity which the owner knowingly pursues or perpetuates;and

(2)  For injury suffered in any case where the ownerof a cave charges a fee to any person who enters or uses the cave foreducational, native Hawaiian cultural, or scientific purposes, except that inthe case of land leased to the State or a political subdivision thereof, anyconsideration received by the owner for such lease shall not be deemed a chargewithin the meaning of this section. [L 2002, c 241, pt of §2]