Hawaii Recreational Accident Attorney:
Foster Law Offices represents Hawaii residents, visitors, and tourists who have suffered serious injury or death as the result of a recreational accident. Recreational negligence claims are unfortunately quite common in Hawaii due to the wide variety of outdoor activities offered by tour companies large and small.
Hawaiian recreational activities can appear perfectly safe when viewed on Youtube and Facebook videos. Most assume that for a company to provide recreational services such as zip line, etc., they must be licensed and regulated by the State of Hawaii or the county or town where the activity takes place. However, this is not always the case.
Liability Waivers and Releases:
Most recreational tourism companies require that participants sign a waiver and release prior to participating in the activity. Releases vary from a one-page general release to multi-page contracts that properly advise of every possible risk imaginable and require that participants assume such risks before participating. Releases and waivers signed by the participant may be utilized by the company and its insurance company to argue that the participant "assumed the risk" of the accident leading to injury.
Release agreements vary in scope and specificity. Hawaii law requires the waiver/release to contain specific disclosures and explanations in order for it to be effective in actually releasing the company of its financial responsibility to compensate injured victims.
Types of Recreational Accidents:
In Hawaii, there are numerous types of recreational activities for visitors to enjoy. Most of these recreational activities are conducted by conscientious companies and well-trained employees. However, even with the best intentions and training, accidents do occur. Below are a few types of accident claims arising out of activities offered by tour companies large and small:
Cruise ship accidents: With the large number of tourists visiting Hawaii every year by cruise ship, there is always the possibility that injuries to passengers can occur while in route or in port. These types of injuries are most likely to involve a slip/trip and fall, defective equipment, food-borne illness, or negligent maintenance or repair.
Boating Accidents: The popularity of snorkeling, scuba, whale watching, and dinner cruises has resulted in a thriving tour boat industry in Hawaii. Although boating accidents typically occur on smaller vessels such as fishing boats, Zodiacs, jet-skis, and kayaks, very serious accidents also occur on larger vessels. Injuries are also commonplace on vessels that serve alcohol.
Hiking Accidents: The Hawaiian Islands are home to countless hiking trails that are equal parts breathtaking and treacherous. Many visitors and residents of Hawaii suffer an injury while traversing the islands' rugged terrain on a guided tour. Hiking accident claims can be difficult, but if a tour company is negligent and the victim did not properly release the tour company
Zip Line Accidents: As of July, 2015, Hawaii does not regulate zip line companies. This means that there is no inspection or approval of a zip line design. It also means that employee training and zip line maintenance is without any oversight or regulation by the State of Hawaii. Scary right? It's true - and the lack of regulation has led to negligently designed zip line courses and insufficient training of zip line company employees.
Financial Damages In Hawaii Recreational Accidents:
As with all personal injury claims the injured party in a negligence claim is entitled to a recovery of monetary damages from a liable party. A negligence claim involves compensation for:
- Medical expenses
- Wage loss/Job loss
- Loss of earning capacity
- Property damage
- Mental Anguish
- Pain and suffering
- Emotional distress
- Loss of consortium
- Decrease in quality of life
We Are Here To Help:
If you or a loved one has been injured as a result of a recreational accident, please contact us today to schedule a free consultation. To schedule an appointment, please call or text (808) 348-7800 or if you prefer to submit your inquiry via email please complete the "Contact Our Firm" box to the right. We look forward to speaking with you.