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Bill makes
state liable for
county beach suits
Anzai prefers immunity
By Bruce Dunford
from lawsuits for counties
Associated PressThe state would have to pay to defend and cover any court judgments against the counties or their lifeguards resulting from beach accidents under a bill approved by the House Judiciary Committee.
The unamended Senate bill now goes to the House for a vote. If approved, it would go to Gov. Ben Cayetano, where it faces an uncertain fate.
For now, however, it's a victory for the counties and especially for Kauai Mayor Maryanne Kusaka, who led a contingent of Kauai officials and business leaders to testify in favor of the Senate-passed bill.
"For nearly five years now, we have struggled to come to an agreement with the Department of Land and Natural Resources whereby the County of Kauai could place lifeguards on state-controlled beaches with the same immunity from liability afforded the state," Kusaka told the committee's hearing yesterday.
"While these discussions have transpired since mid-1995, 41 people have died on Kauai beaches," she said. "Granted, we cannot prevent every drowning. Nor can we place a lifeguard on every beach, but don't we all have a responsibility to save lives wherever and whenever we can?"
Cayetano's decision on the bill is uncertain because it was opposed by Attorney General Earl Anzai and Board of Land and Natural Resources Chairman Timothy Johns.
The Legislature should instead consider giving the counties immunity from lawsuits, Anzai said in written testimony.
"We should not have a duty to defend a county in lifeguard cases arising out of injuries sustained at county beach parks, whether or not they are upon state land leased to the county," he said. "Lives should not be lost in order that persons may recover damages.
"In view of the counties' actions in withholding lifeguard services at beach parks because of liability concerns, it is clear that this Legislature should now consider immunity arising out of the provision of lifeguard services. This will encourage lifeguard services and save lives," Anzai said.
Johns said the counties should remain liable for negligent or wrongful acts of their lifeguards.
"The counties, historically, have requested state lands to develop and operate these beach parks and therefore should not expect the state to be responsible for litigation defense or liability expenses," he said.
Maui Mayor James Apana said the indemnification of the counties and lifeguards will encourage the counties to station lifeguards at more beaches.
"It is unfair that real property taxpayers should bear the burden of these lawsuits simply because the county is considered a deep pocket," he said.
Kauai County Attorney Hartwell Blake said the counties would prefer immunity, but said indemnification is better than nothing.
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