[§663-1.54]  Recreational activity
liability.  (a)  Any person who owns or operates a business providing
recreational activities to the public, such as, without limitation, scuba or
skin diving, sky diving, bicycle tours, and mountain climbing, shall exercise
reasonable care to ensure the safety of patrons and the public, and shall be
liable for damages resulting from negligent acts or omissions of the person
which cause injury.



(b)  Notwithstanding subsection (a), owners and
operators of recreational activities shall not be liable for damages for
injuries to a patron resulting from inherent risks associated with the
recreational activity if the patron participating in the recreational activity
voluntarily signs a written release waiving the owner or operator's liability
for damages for injuries resulting from the inherent risks.  No waiver shall be
valid unless:



(1)  The owner or operator first provides full
disclosure of the inherent risks associated with the recreational activity; and



(2)  The owner or operator takes reasonable steps to
ensure that each patron is physically able to participate in the activity and
is given the necessary instruction to participate in the activity safely.



(c)  The determination of whether a risk is
inherent or not is for the trier of fact.  As used in this section an
"inherent risk":



(1)  Is a danger that a reasonable person would
understand to be associated with the activity by the very nature of the
activity engaged in;



(2)  Is a danger that a reasonable person would understand
to exist despite the owner or operator's exercise of reasonable care to
eliminate or minimize the danger, and is generally beyond the control of the
owner or operator; and



(3)  Does not result from the negligence, gross
negligence, or wanton act or omission of the owner or operator. [L 1997, c 129,
§1]



 



Cross References



 



  Hotelkeeper's liability for certain beach and ocean
activities, see §§486K‑5.5 and 486K‑5.6.



  Landowners' liability, see chapter 520.



  Ocean recreation and coastal areas programs, see chapter 200.



 



Law Journals and Reviews



 



  Recreational Activity Liability in Hawai‘i:  Are Waivers
Worth the Paper on Which They Are Written?  21 UH L. Rev. 715.



 



Case Notes



 



  Where defendant's motion for summary judgment argued that
plaintiffs signed a valid waiver that released defendant from liability for
injuries plaintiffs allegedly suffered when they participated in a recreational
horseback riding activity provided by defendant, there were genuine issues of
material fact as to whether defendant was negligent, and the release form's
validity as a waiver of liability, which depended on whether the horse-biting
incident was an "inherent risk" of the recreational activity that
defendant provided to plaintiffs.  315 F. Supp. 2d 1061.