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Can you still sue if injured doing a vacation activity?

On Behalf of | Mar 29, 2021 | Personal Injury |

Visitors may not know what to do when an injury happens in an accident in Hawaii. “Who is responsible?” is a question often asked, especially by those who sustain a personal injury from a recreational activity or motor vehicle accident while on vacation.

According to the American Association for Justice, major resorts and cruise lines aggressively advertise and oversee these adventures. However, when an accident happens, such as drowning in a scuba dive, the same companies will try to avoid accountability. Matching wits and arguments against a corporation such as this is indeed a challenge; knowing what to look for will enhance the ability to succeed in holding them accountable.

What if you sign a waiver?

The activity company will usually have you sign a waiver before you begin the activity. If something happens, they can say you knew the risk and signed the waiver.

However, there are avenues to explore that render a release and waiver unenforceable. Some questions to ask include the following:

  • Are the intentions expressed clearly without unambiguous language
  • Does the waiver violate state law or public policy

There are many other considerations that may affect the enforcement of the waiver when it comes to personal injury.

Cruise lines have different criteria

Cruise lines often arrange outdoor excursions for their guests. The cruise line must warn their guests of dangers on shore that the passengers may not know about when going on the excursion. This does not free the cruise line from being accountable. In fact, the cruise line or tour operator may engage in misleading advertising. They may also make negligent, material misrepresentations to the public in the promotion of an excursion.

If you or a loved one sustain injury from a vacation activity or excursion, it might be wise to contact a local attorney who has experience in personal injury law. A trusted firm in Hawaii may look out for your interests, so you get the compensation you deserve.