Hawaii Injury Lawyer Blog

An owner of a helicopter inspection company has made a rare admission – that he was negligent for not making sure that the helicopter that crashed in downtown Honolulu was safe. Brant Swigart – the owner of Hawaii Air Power Labs – stated that he did not do his “due diligence” and was at fault. Swigart explained, “I've always told everybody this – that I wouldn't let anybody else fly in a helicopter that I wouldn't be willing to put my own family into, and I would've gotten into that helicopter with my baby daughter. I felt that it was safe. I hadn't actually checked that, and it would've been me in that instance …this cable failed because of negligence, and it was my negligence that caused it."

Swigart says it's not unheard of for a mixture cable to break, but the copter lost power because a back-up switch also failed. "I didn't physically inspect that assembly. And if I had I would have caught it. And if I had caught it, it would have been rectified. And had it been rectified, this wouldn't have happened," explained Swigart.

While many individuals responsible for an accident may try to avoid accepting blame, Swigart says he needed to come forward and take accountability to be able to sleep at night. "When I didn't know that everybody was ok – that was the worst moment of my life. I'm trying to atone for that in some way," said Swigart.

Although Swigart was not the last mechanic to work on the copter, he believes as the owner of the company, it’s his responsibility to check everything.

Continue reading "Helicopter Inspector Blames Accident On His Own Negligence" »

Hawaii news reports that a medical malpractice lawsuit has been filed against a St. Louis area hospital following a wrong side brain surgery. According to the negligence claim, the woman required surgery on the left side of her brain, but the right side of her head was prepped for surgery prior to the operation. The lawsuit further explains that the full operation was performed and none of the doctors, nurses or other medical staff noticed that the surgery was occurring on the wrong side.

Wrong side surgery is one of the most serious examples of preventable medical mistakes. If you or a loved one has endured the trauma of a wrong site surgery it is critical that you consult with a dedicated Hawaii medical malpractice attorney right away. A skilled Hawaii personal injury lawyer can begin an investigation into all of the factors that may have led to a medical mistake and ensure that you received all the compensation you deserve.

Unfortunately disastrous - entirely preventable - medical mistakes continue to occur at an alarming rate. Preventable medical errors include things such as wrong-site surgeries, medication errors, leaving sponges inside a patient and a general lack of attention leading to hospital-acquired infections, and bedsores.

In fact, a landmark study published a little over 10 years ago revealed that hospital errors were responsible for an astonishing 98,000 injuries of deaths per year. Medical errors in hospitals kill more Americans every year than AIDS, breast cancer and auto accidents combined.

Continue reading "Wrong Side Brain Surgery Leads To Medical Malpractice Lawsuit" »

Hawaii news reports that the stakes are high in the NFL case concerning negligence and head injuries. A hearing on Tuesday underscored the legal drama surrounding this case. Currently more than 4,200 former players have sued the league. Many of the players suffer significant neurological problems including dementia, depression, and Alzheimer’s disease. Others simply want their health monitored. The most tragic include players such as Ray Easterling and 12-time Pro Bowler Junior Seau, who committed suicide after long downward spirals.

According to the concussion lawsuit, the NFL is liable for promoting violence in the game and concealing known cognitive risks from concussions and other blows to the head. The players hope to keep the brain injury litigation in federal court so they can use the discovery process to access NFL files – and see what the league knew when.

Lawyers for the players explain, “The NFL failed to live up to its responsibility: it negligently heightened players’ exposure to repeated head trauma and fraudulently concealed the chronic brain injuries that resulted.”

The effect of this lawsuit and the controversy over concussions and helmet use has reached all levels of play, with many Hawaii high schools and other youth programs re-thinking their policies on allowing players to rejoin a game after injury. If you have questions about concussions or other brain injuries, or believe that you or a loved one suffered a preventable injury, it is important to speak to a dedicated Hawaii personal injury attorney right away. While individuals engaged in sports may understand that they are taking some risk – negligence may exist where the risk is unreasonable, where actions could have been taken to lessen a risk, or where warnings were inadequate.

Continue reading "NFL Brain Injury Lawsuit Heats Up" »

Hawaii News reveals that a recent fatal workplace accident that killed a Maui man could have been prevented. According to reports, the man was fatally crushed by a crane this past October in Kahului. He was operating the equipment for his employer, Hawthorne Pacific Corp., when the accident occurred.

A federal investigation into the heavy equipment rental company turned up at 13 potential serious Occupational Safety and Health Administration (OSHA) violations.

If you have been injured at work, it is important to speak to a dedicated Hawaii personal injury attorney right away. Many complicated factors may affect your ability to be compensated for your injuries.

For example in most instances of work place accidents, your ability to recover damages (or in the instance of a wrongful death, your family’s) is limited by worker’s compensation laws. In fact, all employers in Hawaii, with a few exceptions, that have one or more employees are required by state law to provide workers' compensation benefits in the event of workplace injuries. If you have sustained an injury or illness, which was caused in some way by the actions involved in the performance of your job, or, by the environmental conditions of your workplace, you are entitled to benefits. It is important to take every action possible to ensure that you receive full benefits to cover your medical expenses and lost wages.

A significant aspect of worker’s compensation law is that you may be able to recover compensation without having to show fault on the part of your employer. However, the recoverable amounts are often less than what is possible in civil lawsuits. In limited situations it may be possible to file a civil lawsuit. This is often the case where a third party contractor or manufacturer has caused or contributed to an accident.

Continue reading "Investigation Suggests Fatal Workplace Accident Could Have Been Prevented" »

Hawaii news reports that a 68-year-old Hawaii woman was killed in a suspected DUI accident this past weekend. According to reports, a 36-yar-old man was driving eastbound on Las Vegas’ Volunteer Boulevard around 7:45 when he ran into the back of one car, then struck another car, killing it’s passenger, the Waipahu woman. Two other people in the vehicle were taken to a nearby hospital suffering from serious personal injuries.

Despite the well-documented dangers of drunk driving and efforts to stop people from getting behind the wheel after they’ve been drinking, driving while intoxicated remains a significant problem. In fact, although many factors may lead to car accidents - such as reckless driving or distracted driving - drunk driving remains the leading cause of car accidents in the United States. Statistics indicate that more than 40% of traffic fatalities are the result of drink and driving. Thousands of people in Hawaii and throughout the country are injured or killed in alcohol related accident each year.

If you or a loved one has been injured in a drunk driving accident or any other type of personal injury accident, it’s a good idea to consult with a top Hawaii personal injury lawyer right away. In many situations, it may be possible to recover compensation for you injuries. A top Hawaii accident lawyer can began an investigation into all of the factors that may have caused or contributed to any one incident and ensure that you are able to recover all of the compensation you deserve.

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A Hawaii family is mourning the loss of a beloved “father, uncle and granduncle.” According to KHON news, Hiro Shihara was killed in Kapahulu was crossing the street last week. Compounding the tragedy, another family member was hit by a car in the same crosswalk several years ago, and suffered serious personal injuries.

Reports indicate that Kapahulu Avenue is “just one of those streets that is always busy.”

If you have suffered serous personal injuries or have lost a family member due to the carelessness or recklessness of another, it’s important to speak to a knowledgeable Hawaii personal injury lawyer right away. Many times it may be possible to recover compensation for your injuries, or provide damages to the surviving family members.

Here while an investigation into just what happened is still ongoing, a relative notes that he believes it’s important to put a traffic light in that location to prevent future tragedies.

As with an personal injury accident, many factors may be to blame in any one incident. For example, driver error may be a factor. Here Shihara was in the mid-block cross-walk when a van stopped to allow him to cross. However, a truck coming from the other direction never saw Shihara until it was too late. Whether the driver is at fault may be investigated. Further, as noted by many observers, this is a busy street and the scene of multiple accidents. Is the city, state or other entity responsible for failing to take actions to improve safety on this road? The theory of roadway negligence provides that in certain situations, the body responsible for designing and/or maintaining a road may be held legally responsible where the roadway is found to be unreasonably dangerous. This may be the case where turns are too steep, where there’s a lack of adequate signage or where the roadway is poorly maintained.

Continue reading "20th Fatal Oahu Incident This Year Raises Question Of Roadway Negligence" »

Hawaii news reports that the Tyler Madoff wrongful death lawsuit will remain in the Hawaii court system. The negligence lawsuit arose out of the tragic kayak excursion taken by the teen with several other youths. Chief U.S. District Judge Susan Mollway ordered that the wrongful death/negligence case will stay in Hawaii because moving the case would deprive the family of a “meaningful day in court.”

The wrongful death lawsuit was filed by the family of Madoff against Bold Earth Teen Adventures, based in Golden, Colorado, Hawaii Pack and Paddle, the Hawaii tour company that led the group on the Big Island, and a local tour guide.

The lawsuit alleges negligence on the part of a Hawaii based tour group for leading several teens on a hike to a dangerous area. The teen is presumed dead after he was swept off the west coast of the Big Island during a kayak expedition. According to the lawsuit, Tyler Madoff’s death was caused by the guides’ “outrageously reckless and irresponsible decision” to lead the group from the “safety of the bay to the treacherous lava rock area.”

Other potentially negligent or reckless actions included the tour company and leader bringing the teens to dangerous areas despite dangerous surf warnings and the failure of either or both companies to do proper background checks into the leaders of the expeditions, and the failure of the group leader to render assistance to Madoff after he was swept into the ocean.

A wrongful death lawsuit is similar to a personal injury action but is filed by the surviving family members of an individual who’s death is allegedly caused by wrongful or negligent conduct of another. Here the lawsuit was brought by the parents of the teen. If you have questions about wrongful death lawsuits, it’s important to consult with a knowledgeable Hawaii wrongful death attorney right away.

Continue reading "Wrongful Death Lawsuit Filed After Kayak Tour Death To Remain In Hawaii" »

The surviving family members of a man killed in a 2012 motorcycle accident have now filed a wrongful lawsuit against the State of Hawaii, Hawaii County and two contractors. The lawsuit alleges negligence and callousness for the safety of motorists.

The accident after the motorcyclist crashed into a barrier than had been place in the eastbound lanes of Henry Street. The lawsuit claims that the contractors – CTS Earthmoving - the county and the state failed to provide adequate warning of the obstruction and that this unreasonably dangerous condition caused or contributed to the man’s death.

A wrongful death lawsuit is similar to a personal injury claim, but is filed by the surviving family members of an individual who’s death was caused by another person’s or entity’s negligence. Typically a wrongful death lawsuit may be brought by the spouse, parents, children or siblings of an individual killed. However, each situation is different so it is always a good idea to consult with a knowledgeable Hawaii wrongful death attorney if you are considering bringing such a claim. While nothing can replace the loss of a loved one, families are often left with significant expenses as well as lost income. Recovering compensation from the responsible parties can help ease the burden and provide some monetary relief following a wrongful death.

Continue reading " Fatal Kona Motorcycle Accident Lead To Hawaii Wrongful Death Lawsuit " »

More than 7 years after the fatal Kauai Dam breach, families affected by this tragedy still await closure. This past week, a court order was granted delaying the final plea in the criminal proceedings that arose out of the incident.

According to attorneys, the dam breach was the result of illegal grading around the Kauai dam that covered up the main spillway. In 2006, the Ka Loko dam in Kilauea breached violently– allowing waves as high as 40 feet to escape. The surge of water claimed the lives of seven people who lived along the Wailapa River and Kahili beach on Kauai’s north shore.

Reports indicate that the breach originated on property owned by James Pflueger and his family’s Mary Lucas Trust. Witnesses state that a “tsunami from the mountain” emerged out of the swollen 30-acre Ka Loko reservoir, collecting trees, cars and debris in its path before crashing into the homes below.

Witnesses further contend that Pflueger had knowingly covered the dam’s spillway during illegal grading to prepare it for home sites despite warnings from people who observed his actions, the state attorney general launched a criminal investigation that led to Pflueger’s indictment in November 2008.

A civil wrongful death and negligence claim was filed as the result of the breach, and a $4 million settlement was reached. If you have questions about civil actions arising from serious personal injury accidents, it is important to consult with a dedicated Hawaii wrongful death attorney right away.

Continue reading "7 Years After Hawaii Dam Accident Victims Families Still Await Closure" »

A recently filed Hawaii personal injury lawsuit alleges negligence on the part of the State of Hawaii, as well as the county and two contractors. The negligence lawsuit arises out of a Kona motorcycle accident.

Specifically, the lawsuit alleges that the placement of a concrete barrier during work at the intersection of Henry Street and Palani Road caused unreasonable risk of harm and was unreasonably dangerous to motorists using Henry Street. The motorcyclist, Caleb Wolfson, was killed in an accident last year in this intersection.

If you or a loved one has sustained injuries, or suffered a wrongful death, as the result of the carelessness or recklessness of another, its important to consult with a top Hawaii negligence attorney right away. A skilled personal injury attorney can begin an investigation into all of the factors surrounding a particular incident. Many times, it may be possible to recover compensation for your injuries.

A wrongful death action is similar to a personal injury action but is brought by the surviving family members. While no amount of money can make up for the death of a loved one, a fair claim should cover all the financial costs associated with the event, including medical expenses, funeral and burial costs and lost future earnings, as well as compensation for pain and suffering. Through a combination of thorough documentation and preparation with skilled litigation and negotiation, you may be able to recover damages to help you through this painful experience.

Continue reading "Wrongful Death Lawsuit Filed Following Hawaii Motorcycle Accident" »

Hawaii New Now reports that five teenagers have died in a fiery wreck in Texas following a major car accident. The vehicle that they were riding in ran a stop sign and collided with a large tanker loaded with fuel. The teens died at the scene. The truck driver is in critical condition after suffering burns over 90% of his body. Sadly, 5 teens have also died in a recent Ohio car crash that remains under investigation.

Both of these major accidents remain under investigation and while many people are often quick to blame teen drivers when an accident occurs, often many other factors exist that may lead to any one accident.

If your teen has been involved in any type of motor vehicle accident, it is important to contact an experience Hawaii personal injury attorney right away. It is critical to begin an investigation into all of the relevant factors that played a role in causing harm. Only after conducting a thorough investigation is it possible to determine the sources of liability.

For example, oftentimes the way a road is designed is the “real” culprit behind an accident. Notoriously dangerous intersections with blind spots, poorly maintained roadways, and curves with low visibility may be more to blame than a driver. In these instances, it may be possible to file a roadway negligence claim. Other times, a defective auto part – such as faulty brakes or damaged tires that fail to operate as they should – may be to blame for an accident. In these instances it may be possible to file a product liability claim.

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Hawaii news reports that an 38-year-old woman has suffered significant personal injuries following a pedestrian accident in the Enchanted Lakes section of Kailua. Although her conditions has been upgraded to guarded, she still remains in serious condition..The collision occurred near the 76 gas station at 1010 Keolu Drive about 6:13 a.m., police said.

If you have sustained serious personal injuries in any type of accident, it is important to seek the advice of an experienced Hawaii accident attorney right away. In many instances, it may be possible to recover compensation for your injuries. This may include medical expenses, lost wages and emotional distress.

According to reports, the woman was trying to cross Keolu when she was struck by a 1996 Ford Ranger headed south driven by a Kailua man.

The Honolulu-bound lane on Keolu Drive between Kamahele and Kupau streets was closed while police investigated the accident, but was reopened a few hours later. The pedestrian was sent to the Queen’s Medical Center in critical condition but has since been upgraded to guarded condition, police said. The driver of the Ranger was not injured.

This accident is the latest in a string of pedestrian accidents affecting Hawaii, and highlighting a growing problem across the country. In fact several recent studies have highlighted the dangers to walkers, bikers and joggers as our roadways become more crowded and drivers as well as pedestrians are increasingly distracted by the latest technology.

Continue reading "Car vs. Pedestrian Accident Leaves Hawaii Woman Severely Injured" »