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Honorable Dominic Yagong <br /> May 22, 2008 <br /> Page 4 <br /> The courts have also tended to throw out the entire waiver agreement, if it purports to <br /> release from more than negligence liability. In re Pacific Adventures, Inc., 27 F. Supp.2d 1223, <br /> 1225 (D.Haw. 1998). <br /> So, waivers also are not easy solutions to rockfall liability. Moreover, administration of <br /> waivers would require controlled access to the area, probably requiring rangers or other <br /> monitors. And of course there remains the problem of minors and others who may not <br /> understand English or be of questionable legal capacity. <br /> III. CONCLUSION <br /> In theory, both signage and waivers may help reduce County liability for rockfall injuries. <br /> However, they,cannot be viewed as reliable in every case. And beyond liability,when dealing <br /> with such destructive and deadly forces as rockfalls,we would respectfully urge erring on the <br /> side of caution in restricting access until best efforts can be made to minimize the risks. <br /> Sincerely, <br /> Ivan M. Torigoe <br /> Deputy Corporation Counsel <br /> IMT:mc <br /> s:work 2008\may\08-1089 to to yagong re old laupahoehoe access rd 1MTmc <br />