A look at a basic premises liability claim

| Nov 14, 2019 | Personal Injury |

Entering property owned by a Hawaiian business should not be a dangerous act. Yet, far too often property owners fail to ensure that their premises are safe for those they invite onto their property. This can leave unsuspecting individuals with serious injuries, whether resulting from a slip- or trip-and-fall, inadequate lighting or inadequate security. When an individual is hurt under these circumstances, then he or she may want to consider taking legal action in hopes of recovering compensation for what could be extensive damages, including medical expenses, lost wages and pain and suffering.

Yet, before liability can be imposed and compensation can be recovered, certain legal elements must be proved. Generally speaking, those who enter onto the property of a business are considered invitees, which means that the property owner is required to take reasonable steps to ensure that the premises is free of dangerous conditions. Therefore, in order to succeed on a premises liability claim an individual must show that the property owner either knew or should have known of the hazardous condition and failed to timely remedy the hazard or provide warning of it.

A lot of this boils down to foreseeability. A grocery store, for example, should expect that liquids and other slippery materials will be spilled on the floor. Therefore, they should ensure that the floors are routinely checked for wet floors so that warning signs can be put up and the floors can be quickly cleaned. These are reasonable actions that attempt to keep customers safe. If, however, a spill sits for hours without any action, then a grocery store owner has likely failed to take reasonable steps to ensure that his or her premises are safe for invitees.

Although slip-and-fall accidents may seem relatively minor, they can actually have wide-reaching and long-lasting effects on victims. Some people mistakenly think that a slip-and-fall accident is their own fault. In many instances, though, the incident in question can be wholly attributable to a property owner’s negligence.

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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.