Monday, May 20, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, October 5, 2012
Lawyers: Hawaii Can be Sued for Slip-Falls on Public Land
By News Release @ 7:03 PM :: 5453 Views :: Energy, Environment

Injured Hikers in Hawaii May Have Legal Recourse

by Shim & Chang, JD Supra, October 4, 2012

A hiker was severely injured this September when she fell more than 300 feet after the trail she was hiking on, Pali Notches, gave way. Agnes Bryant, the hiker, was with two other people at Nuuanu Pali Lookout when she tried to make her way around a large boulder when the trail collapsed and Bryant fell. Presently, she remains hospitalized with serious injuries, including a broken arm, broken wrist and some fractures of the neck and spine.

In cases like Bryant's, the state and recreational companies that own the hiking trails have a legal obligation to keep it reasonably safe. When this duty is neglected, the proprietor can be held legally responsible for any injuries sustained by hikers and other park visitors. The fall victim may be eligible to sue for damages under Hawaii's premises liability laws. It is not yet known whether Bryant plans to file a personal injury lawsuit against Nuuanu Pali Lookout.

As reported in the Trail Analysis report issued the Hawaii Department of Land and Natural Resources, the department cites its own obligation to provide safe, well-maintained premises and, in absence of fixing hazards, their obligation to warn patrons of potential danger. Provided the injuries sustained on poorly maintained trails are serious, such as the miraculous case of Agnes Bryant and those not as lucky, and the state may be held liable for damages and costs associated with the injury. These can include medical expenses, lost wages, physical therapy and prescription costs, loss of future earning capacity, and more.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii