When it comes to personal injury claims based on premises liability, Hawaii has its own specific laws that govern the liability of property owners for accidents and injuries that occur on their property. In this article, we will provide a detailed overview of Hawaii premises liability laws and how they relate to personal injury claims.
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What Is Premises Liability?
Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their premises. Under Hawaii law, property owners are required to take reasonable steps to maintain their property in a safe condition and protect visitors from foreseeable harm. This duty applies to all types of properties, including commercial, residential, and government properties.
Types Of Premises Liability Claims
Premises liability claims can arise from a variety of situations, including slip and fall accidents, dog bites, swimming pool accidents, and more. The following are the most common types of premises liability claims in Hawaii:
Slip And Fall Accidents
Slip and fall accidents are probably the most common type of premises liability claims in Hawaii. Property owners have a legal duty to keep their floors or walkways reasonably free of hazards, such as spills, debris, and uneven surfaces. If a property owner fails to maintain safe conditions, and a visitor is injured as a result of a slip and fall, the property owner may be liable for the visitor’s injuries.
Dog Bite Injuries
Hawaii has strict laws that hold dog owners liable for dog bite injuries caused by their pets. In Hawaii, dog owners are strictly liable for any injuries caused by their dogs, regardless of whether the owner knew or should have known about the dog’s aggressive tendencies.
Swimming Pool Accidents
Swimming pool accidents can be very serious, especially if a person drowns or suffers a traumatic brain injury as a result of the accident. Property owners with swimming pools must comply with strict safety regulations, including installing fences, gates, and pool covers to prevent unauthorized access to the pool. If a property owner fails to comply with these safety regulations and a visitor is injured, the property owner may be liable for the visitor’s injuries.
How To File A Premises Liability Claim In Hawaii
If you are injured on someone else’s property in Hawaii, you may be able to file a personal injury claim based on premises liability. To pursue a premises liability claim in Hawaii, you will need to prove the following four elements:
The property owner had a legal duty to maintain safe conditions on their property.
The property owner breached their duty by failing to maintain safe conditions on their property.
The breach of duty caused your injuries.
You suffered actual damages as a result of the property owner’s breach of duty.
Statute Of Limitations
Under Hawaii law, premises liability claims must be filed within two years of the date of the accident. If you fail to file a claim within this time period, you may be barred from pursuing a claim for compensation.
Comparative Negligence
In Hawaii, the principle of comparative negligence applies to personal injury claims. Under comparative negligence, if the plaintiff’s own negligence contributed to their injuries, the amount of damages they can recover may be reduced in proportion to their degree of fault. For example, if a plaintiff is found to be 25% at fault for their injuries, the total damages they can recover may be reduced by 25%.
Contact An Experienced Personal Injury Attorney
If you have been injured on someone else’s property in Hawaii, you should contact an experienced personal injury attorney as soon as possible. A skilled attorney can help you understand your legal rights and options, and can negotiate with insurance companies and other parties to secure the compensation you need and deserve.