Summary
The Intermediate Court of Appeals of Hawaii vacated a trial court's grant of summary judgment in a personal injury lawsuit involving a slip-and-fall on a boat tour. The appellate court held that under HRS § 663-1.54, a signed release cannot waive liability for the operator's negligence, and determining whether a risk is inherent is a factual question for the trier of fact. Because a genuine issue of material fact existed regarding the inherent nature of the risk, summary judgment was improper, and the case was remanded.
Topics
Practice areas
Questions Presented
- Whether HRS § 663‑1.54 precludes a waiver of a recreational operator's liability for negligence, rendering the release invalid as a waiver.
- Whether a genuine issue of material fact existed as to whether the risk was an inherent risk, precluding summary judgment.
- Whether the circuit court erred by making findings of fact reserved for the jury.
- Whether contributory negligence bars recovery under HRS § 663‑31.
Holdings
- The release does not constitute a valid waiver of negligence liability because the statute expressly precludes such waivers.
- A genuine issue of material fact existed as to whether the slip‑and‑fall risk was an inherent risk, precluding summary judgment.
- The circuit court erred in making findings of fact in a summary‑judgment proceeding; such findings are reserved for the jury.
Key quotations
“Section 663–1.54(c) expressly states that the "determination whether a risk is inherent or not is for the trier of fact."” (at 1067)
“The plain language of section 663–1.54 expressly precludes a waiver of the recreational owner or operator's liability for negligence.” (at 1067)
Factual background
Plaintiff slipped and fell while disembarking from a boat operated by Outfitters, sustaining a shoulder injury, and sued on negligence claims.
Procedural history
The circuit court granted Outfitters' motion to dismiss or, in the alternative, for summary judgment, concluding no genuine issues of material fact, and entered a final judgment for Outfitters. McKellar appealed.
Remand instructions
Case remanded to the Circuit Court for further proceedings consistent with this Summary Disposition Order.