(a) An operator involved in a boating accident, if and so far as the operator can do so without serious danger to the operator’s own vessel, or person aboard, shall render such assistance as may be practicable and necessary to other persons and any property in order to save them from danger caused by the accident. The operator shall also make every reasonable effort to identify oneself by giving the operator’s name and address and the identification of the vessel the operator was operating to:

Terms Used In Hawaii Revised Statutes 200-28

  • Boating accident: means any occurrence involving a vessel or its equipment that results in:

    (1) The death of a person;

    (2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;

    (3) Damage to the vessel and other property totaling more than $200; or

    (4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury. See Hawaii Revised Statutes 200-23

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Operator: means a person who operates, or who has charge of the navigation or use of, a vessel. See Hawaii Revised Statutes 200-23
  • Person: means an individual, partnership, firm, corporation, association, or other legal entity. See Hawaii Revised Statutes 200-23
  • Vessel: means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. See Hawaii Revised Statutes 200-23
(1) All persons injured;
(2) All owners of properties damaged; and
(3) All operators of other vessels involved in the accident.

It shall further be the operator’s duty to reasonably cooperate with all duly authorized personnel of governmental agencies investigating the accident.

(b) Any person who renders assistance in compliance with subsection (a) and any person who in good faith without remuneration or expectation of remuneration renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be liable for any civil damages resulting from the person’s acts or omissions in providing or arranging towage, medical treatment, or other assistance, except for damages as may result from the person’s gross negligence or wanton acts or omissions.

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