Honolulu Premises Liability Lawyers

What Is a Premises Liability Case?

Premises liability is a type of personal injury law that seeks to hold people who own or occupy land responsible for any injuries that happen on their property. Specifically, you may be able to pursue a premises liability claim in Hawaiʻi if you are hurt due to a hazardous condition that the owner either failed to warn about or to fix. A premises liability lawsuit can be brought against a property owner, a tenant, a business, a homeowners’ association (HOA), a property management company, or even a government agency.

Premises liability cases can arise in any number of ways. While the traditional premises liability claim is a slip and fall, our law firm has handled all types of claims involving things such as:

• Construction site accidents
• Physical assaults due to inadequate security
• Dog bites and dog knockdown injuries
• Elevator and escalator injuries
• Deck and balcony collapses
• Fall accidents
• Water park accidents
• Swimming pool injuries

For example, consider a situation where you are a guest at one of Hawaiʻi’s many beautiful resorts. As you walk through the lobby, you trip over a cord in the walkway and break your wrist when you put your hands out to protect yourself in the fall. In this case, you may be able to pursue a premises liability claim against the resort.

Premises liability cases can be relatively simple to prove, such as the above slip-and-fall example, or more complex. For example, if you fall down at an apartment complex because the stairwell was poorly lit, you might not think that you have a case. But in this situation, you might be able to sue your landlord or the property management company for the inadequate lighting that caused your fall.

If you have been hurt in an accident on someone else’s property, we can help you determine if you have a potential claim. We offer free initial consultations, where we will listen to your story and offer you advice on your legal rights and options for pursuing legal action. If you decide to hire our law firm, we will fight to get you maximum compensation for your injuries.

Suing for Premises Liability in Hawaiʻi

In the state of Hawaiʻi, property owners generally have a duty to protect people who come onto their property from harm. However, there are specific rules when it comes to the exact nature of this duty. These rules are incredibly important when it comes to filing a premises liability lawsuit.

First, property owners and occupiers of land have a duty to take reasonable steps to eliminate hazardous conditions on their land. The key is that the property owner must have either known about the dangerous condition or should have known about it.

Second, the dangerous condition must not be open and obvious. If the hazard is open and obvious, then a person who comes onto the property should exercise reasonable care to avoid it.

Third, to be held liable, the property owner must not have warned others about the danger or taken reasonable steps to eliminate the risk of harm. A sign warning of a wet floor is an example of warning people about a danger.

In summary, to win a premises liability claim, you must show the following:

1. There was a condition on the land that posed an unreasonable risk of harm to people using the land;
2. The property owner/occupier either knew or should have known about the dangerous condition.
3. The hazard was not open and obvious.
4. The property owner did not take reasonable steps to eliminate the danger or warn others about it.
5. A person was injured as a result.

Importantly, unlike many other states, Hawaiʻi does not distinguish between types of visitors to a property. In other words, it does not matter if you were invited onto the property as a social guest or for business, or even if you are trespassing. Property owners have the same duty to use reasonable care to protect others from unreasonable risks of harm on their land.

For example, consider a situation where a homeowner knows that there is a loose railing along the steps leading up to their house. They don’t fix it or tell guests that there is something wrong with the handrail. In this case, if someone gets hurt on their stairs, the property owner will be held liable.

However, there are scenarios where property owners won’t be responsible for injuries that happen on their property. For example, a guest at a hotel drops a glass on their balcony, sending some glass onto the sidewalk below. The guest does not alert the hotel to the incident.

As a person walks barefoot along the sidewalk, their foot is cut on the glass. Here, because the hotel did not have actual or constructive knowledge of the danger, it may not be held responsible for any injuries.

These cases can be complex, and liability isn’t always obvious. If you have any questions about your right to recover compensation for an accident on someone else’s property, we are here to help. Reach out to our law offices to schedule a free consultation with a Honolulu premises liability attorney.

Who Pays for My Losses in a Premises Liability Claim?

In a car accident case, the at-fault party’s car insurance typically pays for any losses suffered by the accident victim. In premises liability cases, the victim’s losses are also usually covered by insurance. Depending on who owns or occupies the property, payment might come from a homeowner’s insurance policy, a renter’s insurance policy, or a commercial liability policy.

Many people are understandably reluctant to file a claim against a friend or family member if they get hurt on their property. It is important to remember that the claim would actually be made against their insurance company. You should also keep in mind that things like this are exactly why your loved one pays for insurance.

The alternative to pursuing a claim is to cover the losses yourself. Depending on the scope of your injuries, this could result in significant hardship. When insurance is available to cover your losses, the far better option is to file a claim with the insurance company.

In a premises liability case, you may be entitled to several different types of compensation (damages). This may include:

• Economic damages, which pay for your direct financial losses. Economic damages often have documentary proof, such as bills, invoices, and paystubs. Examples of economic damages include property damage, medical bills, future medical care, lost wages, and reduced earning potential.
• Non-economic damages pay for your intangible losses. While you won’t get a bill for these losses, they are just as important as economic damages. Non-economic damages include things like pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. In Hawaiʻi, non-economic damages are typically capped at $375,000.
• Punitive damages are available in cases where a property owner acted intentionally or recklessly. They are designed to punish a wrongdoer instead of compensating an accident victim. Your Honolulu premises liability lawyer can advise you of the possibility of getting punitive damages in your case.

Most premises liability cases (like all personal injury claims) are resolved outside of court. This means that you might not ever have to go to trial or attend a single hearing. Ideally, our law firm will be able to resolve your case quickly and get you the money that you deserve for your injuries.

It is often still necessary to file a formal lawsuit to protect your rights. In Hawaiʻi, there is generally a two-year statute of limitations for personal injury cases. With some exceptions, this means that you have two years from the date of your accident to file a lawsuit. If you don’t file a claim within that time, you may be barred from pursuing legal action.

Filing a lawsuit does not mean that your case will go to trial. Instead, it is a way to keep your options open while your lawyer continues to negotiate. It also allows your attorney to uncover more evidence to support your case through the discovery process.

As seasoned Hawaiʻi personal injury lawyers, our goal in every case is to get justice for our clients. We will work diligently to resolve your case and get you fair compensation for your losses. Whether you have been hit by a falling object, suffered a dog bite, or taken a fall on a wet floor, we will get you top dollar for your injuries.

Committed Legal Representation for Hawaiʻi Accident Victims

If you are hurt on someone else’s property, you might be able to file a personal injury lawsuit against them. Our law firm can handle the entire process for you, from filing the claim to communicating with the insurance company to negotiating a fair settlement. We will work hard to help you get every penalty that you are entitled to under Hawaiʻi law.

The lawyers of Miyashita & O’Steen represent clients throughout Hawaiʻi who have been hurt in all types of accidents, including premises liability matters. We offer free initial consultations and handle all cases on a contingency fee basis. To schedule an appointment with a Honolulu premises liability lawyer or to learn more about our work, call us at 808-425-9755 or fill out our online contact form.