Maui County Delivers Final Blow

[H2Ohm]

Illegitimi non carborundum!

What did you call me??

I don't know what that means but all I have to say is don't let those bastages grind you down brudduh!

 

[KrisB]

What did you call me??

I don't know what that means but all I have to say is don't let those bastages grind you down brudduh!

Haha... more what I called the Maui County gov't. I think it might be against the ToS in English.

 

[Peter Guy]

Thal wrote

1. I think the insurance requirement is complete BS. I believe that the State and the County enjoy sovereign immunity.

Thal, very old school and WAY out of touch with the legal system since the "tort revolution" of the 1960's. Most jurisdictions, and I'd hazard a guess this includes Hawaii, did away with almost all "sovereign immunity" quite some time ago.

Trivia note -- my Torts professor left the practice of law to become a professor after being one of the attorneys who successfully convinced the US Supreme Court to uphold sovereign immunity of the Federal Govt for the Texas City Disaster.

 

[Thalassamania]

I believe Hawaii is still one of those states where you need the government's permission to sue them. But then Hawaii is way out of touch with lots of things that have changed since the 1960s, some good ... some bad.

 

[muddiver]

It's common for property owners to require users to have liability insurance if they're accessing their facilities. Up here, it's $2m to use the City facilities. I don't see that as a problem -- especially for scuba instructors that, for the most part, all are required to have $1m in order to be in teaching status.

On another note -- a couple Maui News articles surfaced today:
Years of work come down to illegal rules - Mauinews.com | News, Sports, Jobs, Visitor's Information - The Maui News
Controversial county beach rules in place - Mauinews.com | News, Sports, Jobs, Visitor's Information - The Maui News

Kris,

If this were the case, all dive instructors (and other beach using business) in California would be required by the state (the most litigious in the U.S.) to have $2 mil liability to step on the beach. That is not the case.

 

[Shaka Doug]

 

[MauiScubaSteve]

So Doug, what happened in the meeting?

 

[muddiver]

Can't you see he's speachless.

 

[Peter Guy]

Thal, After a little help from Mr. Google, I found the following from a 9th C. case:

Hawaii Rev.Stat. Sec. 662-2 provides: "The state hereby waives its immunity for liability for the torts of its employees...." Section 662-3 provides: "The circuit courts of the State and ... the state district courts shall have original jurisdiction of all tort actions on claims against the State...."

Obviously something only a geek attorney would find interesting.

 

[Shaka Doug]

They deferred voting on the resolution to change the non-transferability issue. As I pointed out to them several times the law has many flaws and they will be busy fixing them for the next 10 months. You can see my testimony and the other 27 or so folks who got up there on AKAKU Channel 53. Not sure when it will air though...