Injuries that occur on someone else’s property may result in a Hawaii premises liability claim. While typically this type of claim occurs with a slip and fall accident on a commercial or residential property, it is not limited to just that type of accident. Any accident that occurs on someone’s property and leads to serious injuries may entitle you to receive compensation.
What is Covered Under Hawaii Premises Liability Law
It is not entirely uncommon for someone to be injured while they are on someone else’s property, whether it be a residential home or a place of business, such as a hotel, restaurant or grocery store. The basis of a Hawaii premises liability claim is that the owner of the property had a duty to ensure that no one could be injured because of defects or dangerous conditions.
It is expected that owners of any type of property keep it reasonably safe so as to avoid the potential for an accident to occur. If there is a failure to do so, it may result in a Hawaii premises liability claim.
Injuries in this type of claim could arise from a slip and fall accident, dog bite attack or even instances of assault at a hotel with sub-standard security practices and so on.
Proving Liability in a Premises Liability Claim
To prove liability in a Hawaii premises liability claim you must be able to show that your injuries were a direct result of negligence. This negligence may involve the actions or inactions of a property owner.
It must also be proven that the owner should have reasonably known the conditions existed for an injury to occur yet failed to act. A Honolulu slip and fall lawyer can help make this determination.
Hawaii Premises Liability Claim on Government Property
It is not unusual for a slip and fall or trip and fall accident to occur on a piece of property-such as a sidewalk or roadway-that is under the ownership and control of a government entity. This type of accident would require an individual to file a Hawaii premises liability claim based on the Federal Tort Claims Act (FTCA). This act waives the sovereign immunity of the federal government when it comes to being sued for certain situations where an injury takes place.
The legal process of this type of premises claim is different than with a commercial or residential property, so it is important that your Honolulu slip and fall lawyer understands how to handle a claim against a government entity.
What To Do Immediately Following a Slip and Fall Accident
In most slip and fall cases, the primary problem is failing to take the appropriate steps following the incident. Failing to acquire the necessary information can reduce the compensation the injured will receive.
To ensure you receive all compensation rightfully due, it is important to do your due diligence:
- Scan the scene for any witnesses. If there are any witnesses in sight, ask that they stand by until the authorities arrive or you can fill out an incident report. Make sure they actually saw the accident and that their view was not obstructed. If they cannot wait, ask for their cards or information to follow up with them at a later time. Do not wait too long to contact the witnesses because their memory of the incident is important.
- Scan the area. Pay special attention to the conditions surrounding the area you fell in. Look for what may have caused you to fall. For example, was the flooring raised, wet, or blocked? Were there any signs indicating danger?
- Make an official report to document the incident. You must report the incident to the store staff immediately so they will have a record of the event. If your witnesses are still around, and willing, have them fill out the witness section of the report. Be clear and concise. Indicate what you feel was the cause of the injury, and that you will be seeking medical attention.
It is also wise to ask the manager what the store’s policy is for handling these type of situations. Make sure you have the store’s contact information and preferably the manager’s card or direct information.
Contacting a Honolulu Slip and Fall Lawyer
No matter where you may have been injured, proving a Hawaii premises liability claim is not easy. This is why you should consider contacting a Honolulu slip and fall lawyer. They have experience with these types of cases and can help determine whether someone’s negligence was the direct cause of your injuries.
After a serious accident in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjusters, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a free case evaluation – 1-866-806-4349