HRS §520A-5
When the law still holds landowners responsible
This section says the law's protections do not remove a landowner's responsibility for harm they cause on purpose or by ignoring dangers they know about. It also says the law does not protect landowners who charge people to control invasive species, except for lease payments from the government.
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; or (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 control or eradication of invasive species, 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.
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