Tour operators in Hawaii offer endless recreational activities for you to try, such as parasailing, mountain climbing, hiking and snorkeling. However, these can come with inherent risks, often addressed in waivers.
Before you sign a waiver, consider learning the definition of inherent risks to help you make informed decisions to protect your safety.
What are inherent risks?
Inherent risks are hazards or dangers that naturally exist in an activity, including but not limited to:
- Strong wave currents
- Marine life encounters
- Loose rocks in the trails
- Sudden wind turbulence
- Uneven terrains
- Sun exposure
- Changing water and weather conditions
By law, tour operators must clearly inform you about these risks before you participate in an activity. They will also ask you to sign a waiver that releases them from liability for injuries resulting from these hazards. Signing this document means acknowledging and accepting its terms.
When is a risk not considered inherent?
An inherent risk should not result from negligence or omission of tour operators. They must exercise reasonable care to ensure your safety, such as:
- Providing patrons with functioning equipment
- Warning patrons about potential dangers explicitly
- Instructing patrons about safety tips and proper usage of equipment
- Ensuring patrons are always in safe conditions
If you sustain an injury due to an operator’s negligence, you might have grounds to file a claim.
Can you seek a personal injury claim despite signing a waiver?
Waivers can contain terms that outline an activity’s inherent risks and an operator’s limitations. But what happens when an operator’s negligence causes your injury?
Despite signing a waiver, you may have the right to seek compensation from the operator. Navigating the claims process can be tedious, especially if you are on vacation in Hawaii. A personal injury attorney can help you understand how the laws apply to your case.