Bill seeks protection
from lawsuits

It would absolve the state
and counties of liability in case
of a disaster on public land

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By B.J. Reyes
Associated Press

Hawaii's hiking trails offer access to the scenic beauty of the islands' lush volcanic mountains, but some of those same trails also hold the inherent hazard of rockfalls and landslides that have led to injuries and deaths.

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That danger was most evident nearly four years ago at Oahu's Sacred Falls State Park, where eight people died and 40 others were injured in a rockslide on Mother's Day.

With memories still vivid of that fatal rockslide -- and a judge's ruling last year finding the state negligent in the tragedy -- lawmakers are considering a measure that would protect the state from liability in similar future disasters.

State officials, who have appealed the Sacred Falls ruling, say the only way to guarantee public safety is to completely shut off access to potentially dangerous hiking trails.

"This is a good middle ground," state Attorney General Mark Bennett said of the bill making its way through the state House.

The House bill has passed out of the chamber's Water, Land Use and Hawaiian Affairs Committee and was heard by the Judiciary Committee last week. A companion measure in the Senate has passed out of the Water, Land and Agriculture Committee and has been heard by the Judiciary and Hawaiian Affairs Committee. Both Judiciary committees are scheduled to consider the bills again Tuesday.

The bills would protect the state and counties from liability arising out of the public's use of improved lands (those designated as part of the state or county parks system) and unimproved public lands (everything else). The House measure states that government would have no duty to warn the public of dangerous conditions on unimproved public lands.

On state park lands the government would be absolved of liability if warning signs are posted.

Bennett said the Sacred Falls case was used as a guide in crafting the proposal. The park drew 70,000 visitors a year to its scenic 2.2-mile hike to an 87-foot waterfall but has been closed since the May 9, 1999, rockfall. Dozens of hikers were sunning themselves at the deep pool beneath the waterfall when the landslide began 850 feet above them.

A lawsuit filed on behalf of 28 people, including families of four who died, alleged the state was negligent in not warning visitors of possible rockfalls. A judge ruled in September that the state was negligent.

Bennett said the proposed bill would protect the state from such liability in the future, although no sign would completely protect the state from potential lawsuits.

Opponents to the measure included the Consumer Lawyers of Hawaii. Attorney Bob Toyofuku urged lawmakers to seek more information on negligence lawsuits filed against the state before approving a policy change. He said proper signage is one way to protect the public but added that it should not be seen as evidence that the state bears no responsibility.