HRS §520-5
When landowners still face liability for injuries
This section lists situations where a landowner is still responsible for injuries, even if the land is used for recreation. It covers deliberate harm, charging visitors, and injuries to house guests. The landowner's liability is not limited in these cases.
landowners
The statute, as written — Exceptions to limitations
Nothing in this chapter limits in any way any liability which otherwise exists: (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates. (2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. (3) For injuries suffered by a house guest while on the owner's premises, even though the injuries were incurred by the house guest while engaged in one or more of the activities designated in section [520-2].
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