Acting Gov. Mazie Hirono signed a bill into law last week allowing Hawaii's counties to station lifeguards at state-owned beaches without the risk of being sued in case of injury or death at those beaches. Lifeguards shielded
from beach lawsuitsA new law protects the county
workers if injury or death occurs
at state-owned shoresBy Bruce Dunford
Associated Press"We have about 60 drowning victims per year in Hawaii and with the threat of lawsuits, it discourages the counties from providing lifeguard services at more of our beaches," said Hirono, who was serving as governor while Gov. Ben Cayetano was on a trip in Asia.
The law, which expires in five years, will allow the counties to again provide lifeguards without the potential of costly lawsuits "hanging over their heads," said Ralph Goto, Honolulu's Ocean Safety Division administrator.
"From the lifeguards' perspective, it allows us to get along with our work," Goto said. "On Maui and Kauai, there were state beaches that were guarded under contract with the counties, but because they didn't have the (legal) protection, those two counties decided not to guard those beaches."
The bill was introduced last year and had strong support from the county governments, state agencies and the tourist industry, but was opposed by attorneys who represent accident victims and their families.
It was still before a House-Senate conference committee when the 2001 Legislature ended but emerged from that committee just before the 2002 session ended in early May.
The measure adds protection to a law passed four years ago providing the state and counties with immunity from lawsuits if the signs warning of dangerous conditions at the beaches meet specific state standards, said Deputy Attorney General Charles Fell.
By posting lifeguards at a beach, the state and counties give beach goers the sense that they are being protected, but that responsibility opened the counties to legal liability in claims they didn't provide adequate protection, he said.
Maui Sen. J. Kalani English (D, Wailuku-Kahului-Upcountry), who introduced the bill last year, said the law extends to the counties the same sovereign immunity from lawsuits that the state enjoys.
"When I sat on the (Maui County) Council, we were paying out two to three million (dollars) a year in liability settlements because we didn't enjoy this protection," he said.
The law stays in effect until June 30, 2007, which lawmakers said allows "for an evaluation of this measure after sufficient experience has been obtained."
State of Hawaii
