[ OUR OPINION ]
WHATEVER measure lawmakers work out to protect the state and counties from lawsuits arising from the use of public lands requires appropriate distribution of responsibility. Although government has an obligation to warn the public of known hazards, those who engage in inherently dangerous activities such as swimming and hiking are ultimately responsible for their choices. Liability laws would put
responsibility where it belongs
THE ISSUE State lawmakers consider measures to limit government liability in accidents at public areas.
Various bills have been proposed to limit the liability of the state and counties when people are hurt or killed in parks and unimproved government-held areas. The proposals follow a court ruling last year that found the state negligent when a rock fall at Sacred Falls State Park in 1999 resulted in the deaths of eight people and the injuries of dozens. The court held that the state was responsible despite warning signs placed along the trail to the falls.
Other suits have tried to place blame on governments for swimming accidents, shark attacks and drownings. The state and counties post signs at public recreation areas whenever unusual conditions arise or when known hazards are present. More than 10 signs were posted at Sacred Falls. However, some who testified in the case said they either did not heed the warnings, did not see the signs before they set off on the hike or were confused by them.
The state should adopt consistent standards for warning signs, much as the National Park Service and the U.S. Army Corp. of Engineers have done. Signs should clearly state what hazards are known to be present in specific locations and that people proceed at their own risk. However, nature being nature, no one can predict every danger a person may encounter and the state should not be held liable for capricious events.
Residents generally are aware of familiar hazards in Hawaii's environment, but visitors may not be. The state and the tourism industry should provide relevant information when promoting an attractive area. For example, publicity about a North Shore surfing contest could include caution advisories about the ocean.
Hawaii's image of paradise may lull people into a mistaken view that nature here is benign. It isn't, and those who perceive otherwise put themselves at risk. While the state and counties have a duty to remind people of perils, a warning sign should not make government -- and taxpayers -- liable for personal choices.
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STAR-BULLETIN / 1997
Workers fill bags with coffee beans at Fitzgerald Farm in the Big Island's Kona district.
DEPENDING on the cravings of java junkies at the White House, Governor Lingle's campaign to place Hawaii coffee exclusively on the West Wing menu may not boost sales significantly, but surely will help to promote the home-grown industry. Gov brews up notice
for Hawaii coffee
THE ISSUE Governor Lingle crusades to have local joe served at the White House.
Among other matters the governor is pushing during her visit to Washington, Lingle has been lobbying for the island brew, pointing out to first lady Laura Bush and to Karl Rove, the president's top political strategist, that Hawaii produces the only commercially cultivated coffee in the United States and deserves a place on the White House table. Since American wines are served exclusively at state dinners, so should the coffee be American.
Kona coffee, in particular, already enjoys a worldwide reputation for its flavor and Lingle's effort may seem like a small hill of beans. Still, every drip in the urn will count toward pouring more interest into the local industry's cups.
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Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, Editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, Assistant Editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, Assistant Editor 529-4762; lyoungoda@starbulletin.comMary Poole, Editorial Page Editor, 529-4748; mpoole@starbulletin.com
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