§6D-9 - Liability.

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

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

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

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

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

(b) Nothing in this section shall be construed
to:

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

(2) Relieve any person using the cave of another for
educational, native Hawaiian cultural, or scientific purposes from any
obligation which the person may have in the absence of this section to exercise
care 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.

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

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