This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for specific guidance.
Key points about Hawaii waiver law
IMPORTANT: Hawaii Revised Statutes §663-1.54 limits the effect of recreational waivers. Waivers only apply to inherent risks — they cannot protect against injuries caused by the operator's negligence.
Operators must exercise reasonable care and are liable for damages from their own negligence regardless of any waiver
Whether a risk is 'inherent' versus caused by operator negligence is a fact question for a jury
This means waivers provide limited protection — they do not shield businesses from the most common type of injury claim
Drafting considerations for Hawaii
Understand that Hawaii waivers do NOT protect against negligence claims
Focus waivers on documenting inherent risks of the activity
Maintain strong safety procedures — your best defense is preventing negligent conditions
Consult a Hawaii attorney about the distinction between inherent risks and operator negligence
Frequently asked questions
Are liability waivers enforceable in Hawaii?
Only for inherent risks, not for operator negligence. Hawaii Revised Statutes §663-1.54 limits recreational waivers so they only apply to inherent risks of the activity. Operators must still exercise reasonable care and are liable for injuries caused by their own negligence regardless of any waiver signed. Whether a risk is 'inherent' or caused by negligence is a fact question for a jury, which significantly limits the practical protection waivers provide.
Can I use a digital waiver in Hawaii?
Yes. Hawaii has adopted UETA and recognizes electronic signatures under the federal ESIGN Act. WaiverDrop's digital waivers are legally valid in Hawaii. However, the substantive protection of the waiver is limited to inherent risks under HRS §663-1.54.
What should Hawaii recreation businesses focus on?
Focus on documenting inherent risks of your activity and maintaining strong safety procedures. Since waivers do not protect against negligence claims, your best legal defense is demonstrating that you exercised reasonable care and that the injury resulted from an inherent risk of the activity, not from your negligence.
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