Hawaiʻi offers visitors and residents alike an unparalleled array of recreational activities set against its stunning natural backdrop. When you engage in recreational activities, the last thing on your mind should be an injury. Unfortunately, accidents happen, and when they do, understanding your rights under recreational liability law is crucial. Our attorneys are well-versed in recreational liability law in Hawaiʻi. Contact us today to speak with an attorney.
If you are hurt while horseback riding, surfing, jet skiing, or in another type of recreational accident, you may be able to file a claim against the person or company responsible for your injuries. Even if you signed a waiver, it may still be possible to pursue a personal injury lawsuit with the help of our law offices. Our experienced Honolulu personal injury attorneys will fight for your right to full compensation.
At Miyashita & O’Steen, we represent clients throughout Hawai‘i and in the nation who have been hurt in all types of accidents, including car crashes, boat accidents, pedestrian accidents, and recreational accidents. Our attorneys are well-versed in recreational liability law in Hawaiʻi. Contact us today to speak with a Hawai‘i recreation accident lawyer.
What is Recreational Liability Law?
When a person is hurt doing a recreational activity, it might be a matter of bad luck, such as not watching where they are going when hiking and tripping over a tree root. In other situations, another person is responsible for your injuries. For example, if a person is hurt while zip lining because the operator did not make sure that their harness was clipped correctly, then the company could be held responsible for their injuries.
These types of personal injury claims fall into a category known as recreational liability. Recreational liability law encompasses the legal principles that determine who is responsible when accidents occur during recreational activities. It considers factors such as negligence, assumption of risk, waivers, and property owner responsibilities.
In a recreational accident, there may be a few different people (defendants) who can be held responsible for a person’s injuries. This may include:
- Property owners: if you were hurt on someone’s property because of a dangerous condition, then you might be able to file a premises liability lawsuit against them.
- Businesses: if you paid to engage in a recreational activity and got hurt because of the company’s negligent, reckless, or intentional conduct, you could file a personal injury claim against them.
- Individuals: if a person caused your injuries, then you could pursue legal action for your losses.
- Government agencies: in some situations, you can pursue a claim against a state or local government agency responsible for maintaining a property where you were hurt or otherwise responsible for your injuries.
Recreational accidents can be complex, particularly because many businesses require participants to sign a waiver before engaging in any sort of recreational activity. As described in greater detail below, waivers are not always a barrier to filing a personal injury lawsuit. Our Honolulu recreational accidents lawyers are skilled at determining the validity of a waiver so that we can help our clients pursue just compensation for their losses.
If you’ve been injured while participating in a recreational activity, you may be entitled to compensation for:
- Out-of-pocket expenses
- Medical expenses
- Pain and suffering
- Lost wages
- Rehabilitation costs
- Long-term care needs
- And more
In Hawai‘i, there is a cap on damages for physical non-economic damages such as pain and suffering that may apply to recreational liability claims. Generally, these damages are limited to $375,000, although there are exceptions for actions involving intentional harm. There is no cap on economic damages and any other non-economic damages in Hawai‘i. It may also be possible to seek out punitive damages for reckless or intentional conduct. Our law firm will fight to get you the money that you deserve for your injuries.
Understanding Negligence
Negligence plays a central role in recreational liability cases. It is a legal concept that means that a person failed to use the level of care that a reasonable person would use in a similar situation. In simpler terms, negligence is a form of carelessness.
Most Hawai‘i personal injury cases, including recreation accident claims, are based on a theory of negligence. In these cases, the injured victim (plaintiff) has the burden of establishing that the at-fault party (defendant) was negligent in some way. This requires introducing evidence of four elements:
- Duty: The defendant owed the plaintiff a duty to use reasonable care.
- Breach: The defendant violated that duty in some way.
- Causation: This violation was the cause of the plaintiff’s accident.
- Damages: The plaintiff suffered losses as a result.
For example, consider a situation where a family of tourists paid to go on a beach horseback ride. The employee responsible for getting the family set up with their horses decided to use a horse that had been exhibiting some unusual behavior and acting skittishly. Another employee had noted that this horse shouldn’t be sent out on tours until it could be evaluated. This same horse ended up throwing its rider, causing broken bones and other injuries. In this situation, the horseback riding company could be liable for the injuries.
For any recreational activity, it is crucial to prioritize safety by wearing appropriate protective gear, adhering to established rules and guidelines, and receiving proper training or supervision when necessary. Vigilance and awareness of one’s surroundings can prevent accidents, while regular equipment maintenance and inspections can minimize the risk of malfunctions.
In Hawai‘i, negligence goes both ways. Under the principle of comparative negligence , an injury victim can still recover for their injuries if they are 50% or less responsible for the incident. Their total recovery will then be reduced by the percentage of fault assigned to them by a judge or jury.
If someone’s careless or reckless actions caused your injury, you may have grounds for a personal injury claim. We can help you assess the elements of negligence, including duty of care, breach of duty, causation, and damages, to determine the strength of your case.
Assumption of Risk and Waivers
When you participate in a recreational activity, you may be asked to sign a liability waiver. In fact, many companies will not let you participate without signing a waiver. This may lead many people to assume that they cannot file a lawsuit if they are hurt.
The enforceability of waivers can vary significantly. In Hawai‘i, courts will carefully scrutinize waivers to make sure that they are clear and unambiguous and that they are not overly broad. Waivers also only protect against ordinary negligence, not gross negligence or recklessness.
In addition, for a waiver to be enforceable, the participants must be fully informed of its implications and the risks involved in the activity before signing it. The waiver should also define the activities, inherent risks, and situations covered by the waiver. There are several situations where a waiver might be struck down, including:
- If an accident occurs that isn’t covered by the waiver;
- If the business shows a reckless disregard for participants’ safety;
- If the business misrepresents the risks involved; or
- If the waiver has overly broad, ambiguous, or unclear language about the risks.
It isn’t always easy to know if a waiver will be enforceable in your case. We can evaluate whether a waiver may be challenged in your case.
There is another legal principle that comes into play in Honolulu recreational accident cases: assumption of the risk. Many recreational activities involve inherent risks that participants are expected to understand and accept. Essentially, if a person voluntarily participates in a dangerous activity and is injured, then they may have “assumed the risk” of being hurt.
While assumption of risk can limit liability, it does not absolve individuals, organizations, or property owners from all responsibility. Instead, the principle of comparative negligence (described above) may be used to reduce an accident victim’s compensation.
These issues can make recreational accident claims more complex. Our Honolulu recreational accident attorneys are skilled at analyzing waivers and issues related to assumption of risk. We will then work hard to help you get the money that you deserve for your injuries.
Common Recreational Injuries in Hawaiʻi
- Surfing Accidents
- Hiking and Trail Mishaps
- Horseback Riding
- Water Sports Injuries (Snorkeling, Scuba Diving)
- Swimming Pool Accidents
- Boating and Jet Skiing Incidents
- Ziplining and ATV Tours
If you were hurt in any type of recreational activity, you might be able to file a claim against the responsible party. Our law offices will investigate the underlying facts of your case and work tirelessly to get you a fair settlement for your injuries.
Pursuing a Personal Injury Claim
If you’ve been injured during a recreational activity, here are the first steps to take:
- Seek immediate medical attention.
- Document the incident, injuries, and the conditions that led to your injury.
- Preserve evidence, including photographs, witness statements, and any relevant paperwork.
- Refrain from discussing your case with insurance companies or at-fault parties without legal counsel.
Help for Victims of Recreational Activity Accidents
Recreational activities like ATV tours or boating can be a lot of fun. Unfortunately, they also present a risk of being in an accident. If you have been hurt while engaging in a recreational activity in Hawai‘i, we can help you get maximum compensation for your losses.
Based in Honolulu, Miyashita & O’Steen represents clients throughout Hawaiʻi’s islands in personal injury cases. We have unique experience handling recreational activity claims, evaluating waivers, and other legal issues to develop the strongest possible claim for compensation.
We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Honolulu recreational accident lawyer, reach out to our law firm by calling 808-300-0068 or filling out our online contact form.
Related Areas of Practice
In addition to recreational liability cases, our experienced attorneys have handled other cases involving:
- Equipment Defects
- Hotel Liability
- Medical Malpractice
- Motor Vehicle Accidents
- Negligent Hiring/Supervision/Training
- Premises Liability
- Slip-and-Fall
- Warranty Claims
- Workplace Injuries
- Wrongful Death
Miyashita & O’Steen’s personal injury attorneys serve and operate in all counties and islands in Hawaiʻi. Whether you have been injured in Hilo, Honolulu, Kahului, Kailua-Kona, Lihue, Pearl City, Waimea, or Waipahu, or somewhere in between, our attorneys are here for you. Contact us today for a free consultation.
