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The concrete question is whether Hawaii's county governments should be granted statutory immunity from lawsuits arising from injuries at public beaches and trails. Hazel Beh, acting associate dean at the University of Hawaii School of Law and a former deputy corporations counsel, argued that immunity is essential: more than 40 states have enacted some form of recreational liability protection, and without it, counties face multi-million-dollar exposure that is already prompting them to withdraw lifeguards from state-run beaches and to decline acquisition of new coastal land. Ralph Goto, water safety administrator for the City and County of Honolulu, agreed that legal exposure constrains operational judgment and impedes innovation in water safety. Bob Toyofuku, lobbyist for the Hawaii Trial Lawyers Association, countered that absolute immunity for any party that negligently injures another is unjustifiable and that liability exposure encourages rather than impedes safer practices. By phone, Linda Crockett Lingle, Mayor of Maui County, and Stephen Yamashiro, Mayor of Hawaii County, each described specific instances in which litigation risk had led to lifeguard withdrawals or foregone beach expansions. Terry Tom, chair of the House Judiciary Committee, outlined pending legislation that would shield counties from suits arising from natural but not man-made hazards.
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Companion newspaper commentaries
Commentaries by the guests, published in The Honolulu Advertiser around the broadcast.
