§520A-5  Exceptions to limitations.  Nothing in this chapter limits in any way any liability which otherwise exists:

     (1)  For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates; or

     (2)  For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the control or eradication of invasive species, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

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Terms Used In Hawaii Revised Statutes 520A-5

  • Charge: means an admission price or fee asked in return for invitation or permission to enter or go upon the land. See Hawaii Revised Statutes 520A-2
  • Invasive species: means any plant, plant pest, noxious weed, microorganism, biological control organism, or animal that can directly or indirectly injure or cause damage to the environment or to the interests of agriculture, horticulture, aquaculture, animal or public health, native species, natural resources, irrigation, or navigation. See Hawaii Revised Statutes 520A-2
  • Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government. See Hawaii Revised Statutes 520A-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Owner: means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. See Hawaii Revised Statutes 520A-2