2010 Hawaii Code
DIVISION 2. BUSINESS
TITLE 26. TRADE REGULATION AND PRACTICE
§486K-5.6 Hotelkeeper's liability for provision of certain recreational equipment.
[§486K-5.6] Hotelkeeper's liability for provision of certain recreational equipment. (a) Notwithstanding section 663-1.54, a hotelkeeper shall have no duty to instruct or train a user of recreational equipment or to supervise the use of such equipment where the recreational equipment is in fact used without supervision and, at the time of such use, is not part of an activity guided or managed by representatives of the hotelkeeper.
(b) As used in this section, "recreational equipment" includes skin diving masks, snorkels, swim fins, bodysurfing boards, surfboards, canoes, kayaks, bicycles, skates, tennis or golf equipment, weights and exercise equipment, air mattresses, and flotation devices provided by the hotel. "Recreational equipment" does not include:
(1) Any water or land vehicle powered by an engine, motor, or the wind;
(2) Any device, other than a snorkel, that permits a person to breathe while submerged;
(3) Parachutes, parasails, or any equipment designed for flight, gliding, or controlled descent in the air;
(4) Any firearm, airgun, archery equipment; or
(5) Any edged weapon.
(c) Nothing in this section shall bar liability of a hotelkeeper:
(1) For negligence in the maintenance of recreational equipment; or
(2) When a loss or injury is suffered by a hotel guest and is caused by the hotelkeeper's failure to warn against a hazardous condition on a beach or in the ocean, known, or which should have been known to a reasonably prudent hotelkeeper, as specified in section 486K-5.5. [L 1998, c 302, §1]
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