Hawaii Injury Lawyer Blog

Following last year’s fatal zipline accident that injured one man and killed another, Hawaii officials are discussing stricter guidelines for zipline inspections. Ziplining, which is a popular tourist attraction, involves strapping riders into a harness that attaches to a cable and allows them to glide over forest canopies. Last year, a man died when he was testing a line. A tower holding the line collapsed, and the rider fell over 200 feet to the ground.

Several questions of liability were raised following the personal injury accident including whether the men were properly supervised, whether they were following safety precautions – if any safety precautions were in place, and if their employer breached a duty to them in creating a dangerous condition.

If you or a loved one has been injured in any type of personal injury accident, it is important to consult with a top Hawaii personal injury attorney to review all of the circumstances surrounding an incident, answer your personal injury questions and advise you of your rights.

As the result of the zipline accident, legislation has been introduced that would require the Department of Labor and Industrial Relations to conduct $100 inspections of the lines. However, many are pushing for more extensive inspections that provide a more in depth and complete analysis of a particular zipline’s safety and structure.

Continue reading "Bill Introduced To Prevent Ziplining Accidents And Personal Injuries" »

Just what led up to the tragic Hawaii parasailing accident is now under investigation. According to Hawaii News Now, an investigation is underway to determine what caused the parasailing line to break sending two men to the hospital, one of them with critical injuries. Reports indicate that two men from Palm Springs, California were parasailing when the line broke. The men fell to the water and were then dragged roughly 1000 feet.

When any injury accident happens, it is important to speak to an experienced Hawaii personal injury attorney to begin an investigation into all of the different factors that may have caused or contributed to an incident's occurrence. Where another’s careless, negligent or reckless conduct leads to an injury, you may be able to recover compensation.

A spokesperson from the U.S Coast Guard notes that while they do inspect the boats companies use for parasailing, they don’t check on the safety of the lines or parachutes, stating “It’s left up to the companies to police themselves.” Whether the parasailing companies took the appropriate actions to ensure the safety of their clients will be likely be closely reviewed. Further, although some have noted that the aspect of “danger” is part of the attraction of parasailing, participants expect that all equipment will function properly and they will not be exposed to an unreasonable risk of harm.

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A recent case out of Hawaii looked at the issue of whether one defendant can introduce evidence of another party’s fault in a car accident after that party has settled. In Adams v. State of Hawaii Dept. of Transportation, the family of a woman who was killed after exiting a taxi cab in Kailua. In this pedestrian accident lawsuit, after Patricia Adams got out of a taxi on Kalanianaole Highway in Kailua she crossed the highway to catch a bus to Waimanalo. As she was crossing the road, she was struck by a car and died the next day from injuries sustained in the accident.

The family filed a wrongful death lawsuit alleging negligence against the taxi driver, the car driver and the Hawaii Department of Transportation (DOT). When any personal injury accident occurs, several different sources may be potentially responsible for the harm caused. It is important to consult with an experienced Hawaii personal injury law firm to begin an investigation and determine your next steps.

The lawsuit against DOT included allegation of negligent roadway design, including the following:

• [DOT] owed a duty to properly design and maintain the crosswalk and roadway where [Adams] was struck

• [DOT] breached its duties by negligently designing the crosswalk area and/or failing to providing adequate lighting and/or signage

• [DOT]’s negligence was a direct and proximate cause of the injuries and wrongful death.

Here, the family of the victim settled with both the taxi driver and the car driver, but went on to trial with DOT. At trial, the court specifically prohibited DOT from using the “empty chair defense,” i.e. pointing the finger at the other two defendants as responsible for the accident. However, on appeal the Intermediate Court of Appeals In Hawaii determined that a defendant may be allowed to introduce evidence that its negligence was not the cause of the accident even though the evidence will logically point the finger at someone of something else as causing the accident.

Continue reading "Defendant Allowed To Introduce Evidence At Trial Of Other Settled Defendants’ Fault in Adams v. State of Hawaii Dept. of Transportation " »

A Missouri woman has died in a tragic Hawaii hiking accident in north Maui. Reports indicate that the vacationer fell about 25 feet off a waterfall. Susan Stephens of Chesterville, Missouri sustained massive head injuries as a result of the fall and died on the way to the hospital. No foul play is suspected, but the accident remains under investigation.

Many times, tourists and other visitors are injured while exploring Hawaii’s many beautiful – and often dangerous – physical attractions. While in most situations no one may be to blame for the accidents, other times the landowner – whether the federal government, the State of Hawaii or a private citizen - may be held liable for failing to take adequate precautions to keep their land safe.

If you have been injured – or a loved one has been injured or killed – in an accident on another’s property, it is important to speak to a Hawaii personal injury attorney to answer your accident questions and determine your next steps.

In certain instances, a landowner may be liable for “premises liability.” Premises liability is a form of negligence that provides that property owners must keep their land free from unreasonably dangerous conditions. This may include a duty to warn of a dangerous condition or the duty to remove unreasonably dangerous conditions that he or she knew of or should have known of. The failure to remedy a dangerous condition or warn of an unreasonably dangerous condition may lead to liability for injuries caused. In Hawaii, where many people visit dangerous cliffs and waterfalls and traverse rocky terrain, it is important that adequate warnings be posted and appropriate measures be taken to ensure visitor safety.

Continue reading "Missouri Woman Dies In Maui Hiking Accident" »

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.

Continue reading "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 " »

A tragic Hawaii bicycle accident killed a Canadian tourist on the island of Maui this past week. The man had rented a bicycle and was riding near Haleakala National Park. According to reports as he approached a “sharp turn” in the road, his bike crossed the center lane. An oncoming SUV struck the man. The bicyclist was taken to Maui Memorial Medical Center where he was subsequently declared dead.
The accident remains under investigation, but no has been charged with any wrongdoing.

This incident serves as an important reminder concerning bike safety and what to do in the event of a bicycle accident. Bicycling is a popular form of exercise, enjoyment and mode of transport – especially in Hawaii with its year-round climate and breathtaking scenery. However, although bicycles have a legal right to share most roads with cars and trucks, in some cases this right is overlooked by aggressive or negligent drivers. Reckless driving often leads to serious, even fatal accidents. Common situations where bicycle accidents occur include when a car attempts to pass a biker, but doesn’t leave enough room and sideswipes them. Other times, accidents occur when drivers fail to ensure an intersection is free of cyclists when crossing, or failing to completely stop at stop signs.

Bike accident can result in a variety of injuries including, but not limited to,

• traumatic brain injuries
• Spinal cord injures
• broken bones
• road rash
• wrongful death

Continue reading "Hawaii Bike Accident Kills Canadian Tourist" »

This past week a Hawaii negligence trial began against the State of Hawaii as the result of injuries sustained by a couple in a rockslide. Michael Patrick O’Grady and Leiloni O’Grady have sued the state seeking compensation for their medical expenses, lost wages and loss of future earnings after a 160-ton rockslide crushed their car and seriously injured both the O’Gradys.

The lawsuit is based on premises liability and alleges that the state knew of the dangerous condition – the high potential for a rock fall – but failed to take action to alleviate the problem. Personal injury actions based on dangerous conditions may arise where a property owner is aware, or should have been aware, of a dangerous condition on their property or premises and fail to either take steps to remove the danger or to provide adequate warning. In Hawaii, serious personal injury and wrongful death actions often occur on state property because of the topography of the state, which creates significant dangers. Where the state fails to take adequate precautions and provide sufficient warnings, it may be held responsible for injuries that occur. If you have been injured while on the property of another, whether a business, a homeowner, or a governmental body it may be possible to recover damages for the harm caused. A knowledgeable Hawaii personal injury attorney can help answer your personal injury questions and investigate your claim.

Continue reading "Negligence Lawsuit Begins Against State Of Hawaii For Serious Injuries Sustained In Rockslide" »

A Hawaii man has sued Burger King for negligence after allegedly finding needles in his burger. According to a lawsuit filed in U.S. District Court in Honolulu, Army Staff Sergeant Clark Bartholomew asserts we was injured by needles in the food he brought home from a Burger King located on Schofield Barracks, a large Army base located in central Oahu.

Bartholomew was then hospitalized and required six days of bed rest after another needle was found in lodged in his small intestine. According to his personal injury lawsuit, Bartholomew suffered “severe physical injury, including injuries to his stomach, rectum and tongue.” The man also suffered “anxiety, fear, loss of sleep, extreme distress and lost wages.” The suit further notes that this is not the first instance of injuries from needles and other foreign objects in Burger King’s hamburgers.

Personal injury claims can arise in a variety of instances and many people wonder, "Do I need a personal injury attorney?"
If you have been injured as a result of the negligence of another, it is important to seek the guidance of an experienced attorney. When someone has been harmed due to the carelessness or recklessness of another person or entity, they may seek compensation for any damages that might have been sustained in the accident. Circumstances that may lead to the filing of personal injury claims are nearly limitless and include construction accidents, car accidents, medical malpractice and wrongful death actions. Negligence may be either the result of careless actions a person, company or entity takes or in the actions that a reasonable person or entity fails to take. If you’ve been harmed due to the action or inaction of another, a knowledgeable personal injury attorney can answer your personal injury questions and provide crucial guidance regarding your next steps.

Continue reading "Hawaii Man Sues Burger King For Negligence" »

The Honolulu Star Advertiser reports that a Kaneohe man died this past Sunday as the result of injuries he sustained in a motorcycle accident. The motorcycle crash occurred after a man driving a Chevy sedan turned left. The motorcyclist then collided with the sedan, sustaining multiple blunt force injuries from the accident.

If you or a loved one has suffered personal injuries including wrongful death, as the result of a motorcycle accident or other motor vehicle accident, contacting an experienced Hawaii personal injury attorney is critical to protect your rights and determine your next steps.

Riding a motorcycle has become increasingly popular and increasingly dangerous. Not only has the number of people who use motorcycles for transportation and pleasure gone up, but so have the number of distractions – with distracted driving a leading cause of car and motorcycle accidents. Further when accidents do occur, it is likely that they will be serious – including fatalities and other serious injuries such as traumatic brain and spinal cord injuries. In fact, statistics report that nearly 80% of all motorcycle accidents end with the driver being injured or killed.

Continue reading "Motorcycle Accident Claims Life Of Kaneohe Man" »

Keeping your medical records confidential is a significant issue to many people and arises in many different types of personal injury lawsuits. The Hawaii legislature notes that the physician-patient privilege is “[d]esigned to encourage free disclosure between physician and patient.”

Recently, the Hawaii Supreme Court reviewed when an individual’s medical records are protected by the physician-patient privilege and your constitutional right to privacy. In Naipo v. Border, the medical records of a third party – Jennifer Naipo - were sought as evidence in a separate lawsuit. Naipo objected, claiming her health information was protected by her constitutional right to privacy and her physician-patient privilege. The Hawaii Supreme Court agreed.

Under the Hawaii constitution, individuals have a privacy right to keep confidential information, which is highly personal and intimate including health information. Further, a patient has a privilege to refuse to disclose and to keep any other person from disclosing confidential communications made for the purpose of diagnosis or treatment of a patient’s physical, mental or emotional condition…”

Here Naipo, representing herself testified about her medical condition at a deposition and answered questions in response to interrogatories. Although she was advised she could refuse to answer questions that invaded her personal privacy,” she was not advised that she could refuse to answer questions about the treatment of her physical condition.

Continue reading "Hawaii Supreme Court Finds Non-Party Medical Records Protected By Physician-Patient privilege in Naipo v. Border" »

The United States Supreme Court heard argument today on a significant case involving whether drug companies can be sued as the result of serious side effects from childhood vaccines. As reported in the Hawaii Star Advertiser, the parents of a girl sought the right to sue the drug maker Wyeth, after her daughter suffered injuries from a vaccine she received in infancy. At issue is how far a federal law reaches in barring state lawsuits over vaccines. If the Court finds in favor of the plaintiff, parents in nearly 5,000 cases could litigate whether autism, and other serious injuries, have been caused by the vaccinations such as the measles and mumps vaccine.

Last year, a U.S. appeals court ruled that the family’s lawsuit was preempted by the National Childhood Vaccine Injury Act of 1986, a compensation program for vaccine-injury claim that also immunized vaccine-makers from some lawsuits, such as where the side effects were “unavoidable.” Much of the debate focuses on what is meant by “unavoidable.” Here, the girl developed a seizure disorder after receiving a vaccine manufactured by Wyeth when she was six months old.

The family argues that Wyeth could have produced a safer vaccine but chose not to.
NPR reports that the justices appear spilt, questioning “ferociously” both the plaintiff’s attorney and the government, trying to determine a manufacturer’s burden to pursue different, safer vaccines and whether Congress intended to make the vaccine court the “exclusive” system to determine these claims.

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