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HAWAII STATUTE [486K-5.5] Hotelkeeper's liability limited for certain beach and ocean activities. In a claim alleging injury or loss on account of a hazardous condition
HAWAII STATUTE [486K-5.5] Hotelkeeper's liability limited for certain beach and ocean activities. In a claim alleging injury or loss on account of a hazardous condition on a beach or in the ocean, a hotelkeeper shall be liable to a hotel guest for damages for personal injury, death, property damage, or other loss resulting from the hotel guest going onto the beach or into the ocean for a recreational purpose, including wading, swimming, surng, body surng, boogie boarding, diving, or snorkeling, only when such loss or injury 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, and when the hazardous condition is not known to the guest or would not have been known to a reasonably prudent guest. A hotelkeeper owes no duty and shall have no liability for conditions which were not created by the hotel to a person who is not a guest of the hotel for injury or damage resulting from any beach or ocean activity. As used in this section, "beach" means the beach fronting the hotel, and "hotel guest" means a guest of that particular hotel and other persons occupying the assigned rooms. [L 1994, c 90, 2] 1. Does the Hotel have a duty to warn its guests about the dangers of wave breaks at Hulopo'e Beach due to an unreasonably dangerous condition which the Hotel is or should have been aware of, but that Hotel guests do not know? 2. If the Hotel has a duty to warn the guests of dangerous conditions at the beach does having a warning written on an IPAD available to guests in their rooms adequately satisfy such obligation? 3. Does the fact that there is a strip of vegetation between the Hotel and the beach remove the hotel's duty of care imposed by the Hawaii Statute on hotels which \"front" the beach? 4. Should the Hotel guest be responsible for his own injuries because he recklessly dived into breaking waves
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