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.
What is Recreational Liability Law?
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. If you’ve been injured while participating in a recreational activity, you may be entitled to compensation for:
- Medical expenses
- Pain and suffering
- Lost wages
- Rehabilitation costs
- Long-term care needs
- and more
Understanding Negligence
Negligence plays a central role in recreational liability cases. 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. 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
Many recreational activities involve inherent risks that participants are expected to understand and accept. While assumption of risk can limit liability, it does not absolve individuals, organizations, or property owners from all responsibility. Additionally, waivers or releases are often used in recreational activities, but their enforceability can vary. We can evaluate whether a waiver may be challenged in your case.
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
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.
If you’ve been injured during a recreational activity, our experienced personal injury attorneys are ready to assist you. We understand the complexities of recreational liability law and will provide you with personalized legal guidance every step of the way. Your recovery and well-being are our top priorities.
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.
