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INJURIES WHILE HAVING FUN

Doris-Duke-estate-300x225.jpgDoris Duke's estate at Diamond Head is also known as "Shangri La." The official name is the Doris Duke Foundation Center for Islamic Art and Culture. Under any name it is a beautiful cultural and aesthetic contribution to Hawaii. In 1937, Ms. Duke built her home on the slopes of Diamond Head and made the water front a boat harbor for her and her friends' private boats and yachts.

Now, the waterfront is a popular diving and swimming area, which is often shallow and rocky and therefore potentially quite dangerous. Last week, Rich Turbin and Rai Saint Chu were invited by the Doris Duke Foundation who run the Foundation for a briefing on the dangers of the diving and swimming cove. The Foundation has decided to fence off the length of the harbor with a 6-foot-tall aluminum fence to discourage people from coming to the area and hurting themselves. However, Hawaii State law generally require public access to the beaches and oceans. The Foundations concern stems from two serious injuries in 1993 and 2011.

Legally speaking, the law (1) imposes a duty by the land owner to maintain their property that adjoins a public passage way in a manner that is free of harm, (2) warning individuals of the dangers of the area, they proceed at their own risk, (3) not create a dangerous situation for the unsuspecting visitor.

Here is another article about the start of building the fence.

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