When are property owners liable for injuries on their property?

| Jan 17, 2019 | Personal Injury |

There are many different property owners in Hawaii. Some simply own their home and the property immediately surrounding it, others are store owners, others own office buildings or hotels. Depending on the type of property, sometimes people are invited onto the property either directly such as a homeowner having guests over while others are implicitly invited onto the property such as store owners who allow customers onto the property. However, sometimes people are not invited onto the property and are trespassing.

Property owners owe all people on their property a certain level of care to ensure that there are not dangerous conditions on their property. This is not a strict liability type of responsibility though, which means that just because a person suffers an injury on the property that the property owner is not necessarily automatically responsible for the injury.

These cases can be very fact specific, but generally the property owner is only liable for the injuries if certain conditions are met. The first requirement is that there was a condition that poses an unreasonable risk of harm to people on the property. The next step is proving that the owner either knew about the dangerous condition or should have known about it. Finally the injured party must demonstrate that the property owner did not adequately warn people of the condition or did not take reasonable steps to fix the problem.

However, there is an exception to that rule. If the dangerous condition is open and obvious, then the property owner may not be liable even if they did not warn people about the condition. This generally means that the dangerous condition was so evident that any person paying reasonable attention would have noticed and avoided the condition.

Throughout the day, there are many things that can go wrong on people’s property in Hawaii. It is impossible to prevent everything from happening, but property owners must deal with the problems quickly to prevent injuries to those on their property. If they do not do this then the property owner may be required to compensate the victim for their injuries, including medical bills, lost income and other damages. Experienced attorneys understand this complicated area of the law and may be able to guide one through it.

CONTACT US FOR A FREE CONSULTATION

Result Image

Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.