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Harry Kim O... Of Lincoln S.T.Ashida <br /> • q� <br /> Mayor ` � �yli,; Corporation Counsel <br /> Gerald Takase <br /> Assistant Corporation <br /> 'rE of "P, Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 Fax(808)961-8622 <br /> May 22, 2008 <br /> (via email) <br /> Honorable Dominic Yagong <br /> Councilmember,District 1 <br /> Hawaii County Council <br /> 333 Kilauea Avenue, 2°a Floor <br /> Hilo, Hawaii 96720 <br /> Re: Old Laupahoehoe Access Road, Possible Warning Signs or Releases of Claims <br /> Dear Mr. Yagong: <br /> County of Hawaii Corporation Counsel Lincoln Ashida has assigned me to respond to <br /> your letter to him, dated May 14, 2008. In that letter, you noted that the County has recently <br /> begun blocking access to the Old Laupahoehoe Access Road ("OLAR") due to a study that <br /> indicated that rockfall mitigation work should be done before the road is opened for public use. <br /> You also stated that residents interested in continuing to walk the OLAR wanted to know if: (1) <br /> warning signs might prevent County liability for injuries due to use of the road; and(2) waivers <br /> of liability by users also might prevent such County liability. <br /> Since this is a matter which your constituents are asking you, we will try to provide a <br /> general legal response which you may share, which does not involve attorney-client privileged <br /> opinions regarding any specific fact situations or claims. This should not be relied upon as a <br /> legal opinion for action or forebearance by any person or entity. Of course any private persons <br /> or entities should consult their own private counsel. <br /> I. WARNING SIGNS <br /> In Hawaii, the occupier of land has a duty to use reasonable care for the safety of all <br /> persons reasonably anticipated to be on the land, regardless of the legal status of the individual. <br /> This duty may include maintaining the premises in a safe condition and warning of known <br /> defects. Pickard v. City and County of Honolulu, 51 Hawaii 134 (1969). Failure to carry out <br /> this duty may result in liability for injuries caused. <br /> Regarding natural conditions, the County may have a duty to warn or protect from <br /> "extremely dangerous conditions"which are not readily apparent to persons of ordinary <br /> Hawaii County is an Equal Opportunity Provider and Employer <br />