Hawaii Supreme Court Determines Property Owners May Still Be Liable For Premises Liability Even Where Danger Is Open And Obvious in Steigman v. Outrigger Enterprises
Recently, the Hawaii Supreme Court determined that even where an individual if partly at fault for an injury, he or she may still recover compensation. In Steigman v. Outrigger Enterprises, a woman – Michele R. Steigman – was injured in a slip and fall accident at the Ohana Surf Hotel. She brought a premises liability lawsuit against the hotel, alleging negligence based on the type of flooring used in the hotel’s lanai.
Premises liability actions are based on injuries that occur as the result of an owner or operator of property failing to fix a dangerous condition on the property or the failure to adequately warn of the risk. Where an owner allows an unreasonably dangerous condition to exist on the property and an individual is injured as the result, the owner or operator may be found liable and responsible to pay damages for the harm caused in a personal injury lawsuit.
In Steigman, a woman and her family were guests at the Ohana Surf in Honolulu. After being caught in a rainstorm, the family returned to the hotel to dry off. Ms. Steigman slipped on the floor of the lanai’ and slid across the balcony, injuring her foot in the fall. She filed a lawsuit for negligence based on the design of the lanai’ surface as unsafe. The surface had a glossy surface that made it difficult to see whether it was wet or dry. The defense argued that because Steigman knew the surface was wet, that her own negligence caused the accident with the wet lanai presenting a “known or obvious danger” and she chose to confront the danger.
The main issue presented in this case is when an individual’s potentially negligent actions contribute to an injury, if this bars any recover for harm if another’s negligence also contributes to the injury. While some dangers may be open and obvious – this does not relieve a property owner from taking reasonable precautions and warning of dangers.
The Hawaii Supreme Court agreed, holding that claiming a “known or obvious danger” exists is no longer a complete bar to an injured person’s claim in a premises liability case.
The bottom line – property owners must take reasonable steps to maintain their property in a safe manner – despite the existence of “obvious” dangers.
For more information, or if you have been injured as the result of a danger condition on another’s property contact the knowledgeable Hawaii personal injury attorneys at Bostwick & Peterson, LLP for a confidential consultation.
