Best Premises Liability Lawyers in Hawaii

About Premises Liability Law in Hawaii, United States

Premises liability law in Hawaii holds property owners and occupiers responsible for injuries that occur on their property due to unsafe or hazardous conditions. This area of law is designed to ensure that individuals who are lawfully present on someone else's property are kept reasonably safe from harm. If a person is injured because a property owner failed to address or warn about a dangerous condition, the injured party may be able to pursue compensation for their injuries and related losses.

Why You May Need a Lawyer

Premises liability cases can be complex and often require a detailed understanding of both state law and the specific circumstances surrounding the injury. You may need a lawyer if you have experienced any of the following situations:

• You slipped and fell on a wet floor in a store, restaurant, or hotel.
• You were injured due to poorly lit walkways, broken stairs, or damaged flooring on someone else's property.
• You suffered harm because a property owner did not properly maintain swimming pools, elevators, or escalators.
• Your child was hurt at a playground or recreational facility that was not properly maintained or supervised.
• You were assaulted on a commercial property where security measures were inadequate.

A lawyer can help assess your case, determine liability, collect evidence, negotiate with insurance companies, and represent your interests in court if needed.

Local Laws Overview

Hawaii premises liability laws are influenced by state statutes and court decisions. Some key aspects include:

• Duty of Care: Property owners in Hawaii owe a duty of care to invited guests (invitees), such as customers or tenants, and may owe a lesser duty to licensees (social guests) and even trespassers under certain circumstances, particularly if children are involved.
• Comparative Negligence: Hawaii uses a modified comparative negligence system. This means that if the injured party was partially at fault for their own injury, their compensation may be reduced by the percentage they were responsible for, unless their proportion of fault is greater than 50 percent, in which case recovery can be barred.
• Timely Notice: Plaintiffs usually must file a claim within two years from the date of the injury, as per Hawaii’s statute of limitations for personal injury cases.
• Open and Obvious Doctrine: If a hazard was so obvious that a reasonable person could have avoided it, the property owner may not be held liable.
• Obligations Vary by Visitor Type: Hawaii law distinguishes between invitees, licensees, and trespassers, with varying levels of obligation to each.

Frequently Asked Questions

What is premises liability?

Premises liability refers to the responsibility property owners have for injuries that occur on their property due to unsafe conditions.

Can I sue if I slip and fall on someone’s property in Hawaii?

You may be able to sue if you can show the property owner knew or should have known about the hazard and failed to take reasonable steps to fix or warn about it.

What types of damages can I recover in a premises liability case?

You may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other costs related to your injury.

Does it matter why I was on the property?

Yes. The duty owed to you by the property owner depends on whether you were an invitee, licensee, or trespasser.

What should I do after an accident on someone else's property?

Seek medical attention first. Report the accident to the property owner or manager, document the scene with photos, gather witness contact information, and keep records of your medical treatment.

How long do I have to file a premises liability lawsuit in Hawaii?

Generally, you have two years from the date of the injury to file a lawsuit under Hawaii’s statute of limitations.

What if I was partially at fault for my injury?

Hawaii’s comparative negligence law may still allow you to recover damages, but your compensation will be reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you may be barred from recovery.

Are landlords liable for injuries to tenants or guests?

Landlords can be held liable if injuries result from their failure to maintain common areas or repair known hazards, depending on the facts of the case.

Do property owners have to fix every hazard to avoid liability?

Property owners must take reasonable steps to repair or warn about hazards they know or should know about. They are not required to fix hazards that are open and obvious to a reasonable person.

Should I talk to an insurance adjuster after an accident?

It is wise to consult an attorney before speaking with an insurance adjuster, as statements you make might be used against you when determining liability or the value of your claim.

Additional Resources

If you need more information or assistance regarding premises liability in Hawaii, consider reaching out to these resources:

• Hawaii State Judiciary - Provides information on court locations, filing procedures, and legal self-help.
• Hawaii State Bar Association - Offers lawyer referral services and public resources about legal topics.
• Hawaii Department of Commerce and Consumer Affairs - Oversees certain business and property regulations.
• Local legal aid organizations such as Legal Aid Society of Hawaii for those who qualify for free or low-cost legal help.

Next Steps

If you believe you have a premises liability claim in Hawaii, consider taking the following steps:

• Seek immediate medical attention for your injuries and keep all records of your treatment.
• Document the scene of the incident with photographs or videos if possible, and collect contact information from witnesses.
• Report the incident to the property owner or manager as soon as possible.
• Consult with a Hawaii-licensed premises liability attorney who can assess your case, explain your legal options, and help you pursue fair compensation.
• Be mindful of the two-year statute of limitations for filing a claim in Hawaii.

Having knowledgeable legal guidance can help you navigate the process, protect your rights, and improve your chances of a successful outcome in your premises liability case.