Honolulu Hotel & Resort Injury Lawyers

What Kinds of Injuries Can Happen at Hawaiʻi Hotels and Resorts?

Hawaiʻi has hundreds of hotels and resorts spread across its islands. Many of these hotels offer sparkling swimming pools, fine dining, and access to some of the best beaches in the world. These same features can also lead to injuries for guests, visitors, and workers.

There are many different ways that a person can get hurt at a hotel or resort in Hawaiʻi. Some of the more common causes of accidents on these properties include:

• Slips and falls, which often occur due to wet floors, torn carpets, poor lighting, or tripping hazards in walkways
• Swimming pool accidents
• Food poisoning
• Elevator and escalator malfunctions
• Gym equipment incidents
• Exposure to toxic chemicals
• Pest infestations, including bed bugs
• Intentional assaults and batteries due to inadequate security
• Burn injuries from fires, hot water, or certain equipment

These accidents can cause a range of injuries, from minor bruises, cuts, and sprains to more serious broken bones and concussions. In some cases, hotel and resort accident injuries can be catastrophic, causing permanent disabilities due to traumatic brain injuries (TBI), spinal cord injury, and nerve damage.

After an accident, the hotel and resort staff will likely ask you to fill out an incident report. You might be unsure of what to do next, particularly if you are a tourist visiting from another state or country. These situations can be confusing and a bit overwhelming, especially when you are only in Hawaiʻi for a limited period of time.

The best thing that you can do to protect your rights is to schedule a free consultation with a Honolulu hotel and resort injury lawyer. They will listen to your story and advise you of your rights and options. Even after you have returned home, it is still possible to pursue a claim and get compensation for your injuries.

Can I File a Lawsuit for a Hotel or Resort Injury?

If you were hurt on a hotel or resort property, you might be able to file a lawsuit against the company. This is a special type of personal injury lawsuit known as a premises liability claim.

The idea behind a premises liability lawsuit is that property owners have a duty to protect others from harm due to dangerous conditions on their land. If someone is hurt due to a property owner’s negligent, intentional, or reckless failure to prevent harm, then that person (plaintiff) can file a claim against the property owner (defendant). These claims are generally handled by the defendant’s insurance company.

To hold a hotel or resort liable for your injuries, you will need to prove the following:

1. There was an unreasonable risk of harm on the hotel or resort property.
2. Hotel or resort management knew or should have known about the hazardous condition.
3. The hotel or resort did not take reasonable steps to eliminate the unreasonable risk of harm.
4. The hotel or resort did not warn people about the dangerous condition.
5. The unreasonably unsafe condition was not open or obvious.
6. You were hurt because of the hazard.

For example, consider a situation where a guest spills their drink in the hotel lobby. The front desk employees see it happen and ask maintenance to mop it up. The cleaning crew takes care of the spill and broken glass, but does not put up signs to warn others about the wet floor. A different guest slips and falls on the wet floor, breaking their arm.

In this situation, the wet floor was a dangerous condition that caused a guest’s injuries. The hotel knew about the condition, yet failed to take any steps to make it safe by drying the floor or warning guests about the slippery surface. For this reason, the hotel could be held liable for the guest’s losses.

However, there may be situations where the hotel or resort may not necessarily be liable for a guest’s injuries. For example, a tree on the property is hit by lightning during a thunderstorm, causing a branch to crack. Before the maintenance team can check the landscaping after the storm, the branch falls and strikes a guest as they walk through the grounds.

In this case, the central question will be whether the hotel knew or should have known about the unreasonable risk of harm from the cracked tree branch. If the trees were regularly inspected and showed no signs of being vulnerable to branches falling, and the incident happened shortly after the storm, then the hotel may not be liable. If the hotel staff knew that the tree was in bad condition and waited for hours after the storm to go check on the grounds, then they could be responsible for the guest’s injuries.

Premises liability claims are inherently fact-based. This can make it hard to know if you have a potential claim against a hotel or resort for your injuries. The best way to learn about your rights is by consulting with a seasoned Honolulu hotel and resort injury attorney.

Our legal team will help you understand your options based on their experience and knowledge of Hawaiʻi law. If you choose to hire our law firm, we will start an investigation into the incident immediately. We will gather photos and videos of the accident scene, interview witnesses, ask the hotel for an incident report, and analyze your medical records related to the accident.

These steps are necessary to determine if the hotel or resort can be held liable for your injuries. The investigation will also provide a solid basis for your claim. If we determine that there is liability, then our Honolulu personal injury lawyers will draft a demand letter to the hotel or resort.

This demand letter will explain the facts of your case and the legal reasons why the defendant is liable. It will then conclude with a demand for compensation (damages). This demand may include money for:

• Economic damages, such as hospital bills, co-pays, long-term medical care, property damage, lost income and benefits, reduced earning capacity, and the cost of extending your trip if you need to remain in Hawaiʻi for medical care.
• Non-economic damages, including pain and suffering, emotional distress, scarring, disfigurement, and reduced quality of life.
• Punitive damages may be awarded in cases involving intentional or reckless conduct. While rare in hotel and resort injury cases, you may be entitled to punitive damages if a hotel employee acted intentionally or recklessly in causing your injuries.

Insurance companies have a goal of paying out as little money as possible on cases like these. After all, that is how insurers are so profitable. Our goal is exactly the opposite: to get you as much money as possible for your injuries.

If you have been hurt in a slip and fall, swimming pool accident, or other type of incident at a Hawaiʻi hotel or resort, we can help. Reach out to our law firm today to schedule a no-cost, no-obligation consultation.

What Is the Value of My Case?

The value of any personal injury case will depend on the facts of the case and the legal issues at play. There are several factors that influence the value of a premises liability case. This includes:

• The severity of your injuries
• Whether you will have any long-term or permanent disability from the incident
• The amount of income that you lost, and whether you will have a reduced ability to work because of your injury
• The effect of the injury on your daily life
• The amount of the defendant’s insurance coverage
• Documentation or proof of the injury
• Whether liability is in question
• Whether you may be partially at fault for the accident (known as comparative fault)

Another big factor influencing the total value of your case is whether you have legal representation. Studies show that people who are represented by counsel recover significantly more money than people who represent themselves in personal injury cases. If you want to get top dollar for your losses, then your best bet is to hire an experienced attorney to represent you.

Of course, the value of your claim will still be based on other factors. For example, if you got food poisoning from room service and fully recovered within a few days, then the value of your case will be much lower than that of a person who suffered a traumatic brain injury in a fall. It is important to understand that there are many different factors that can come into play when it comes to how much your case is worth.

During your first consultation, our Honolulu hotel and resort injury lawyers will give you a ballpark estimate of the value of your claim. This number may increase or decrease as the case proceeds. Throughout the process, we will fight to help you get maximum compensation for your injuries.

Hurt at a Hotel or Resort in Hawaiʻi? Give Us a Call.

Having your vacation ruined by an injury can be pretty awful. If your injury happened at your hotel or resort in Hawaiʻi, you might be entitled to compensation. Our law firm can help you get the money that you deserve for your losses.

Based in Honolulu, Miyashita & O’Steen represent clients who have been hurt while staying in or working at hotels and resorts throughout Hawaiʻi. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to schedule an appointment with a Honolulu hotel and resort injury lawyer, give us a call at 808-425-9755 or fill out our online contact form.