Premises Liability Lawyer in Honolulu

What Is Premises Liability?

Premises liability is a legal term that refers to holding a property owner responsible for injuries that occur to visitors and patrons on their property or “premises.” Property owners have a duty to take reasonable steps to inspect their property for hazards, promptly repair any hazards, and warn visitors about those hazards in the meantime. If you are injured because a property owner fails to take reasonable precautions against hazards, they may be held liable for your injuries.

Our knowledgeable Honolulu premises liability personal injury lawyers at Recovery Law Center are ready to carefully review your case and discuss the best course of action in proceeding with a premises liability claim. Leave all of the legal details to us so that you can spend your time recovering from your injuries and getting your life back.

What Do You Have to Prove in a Premises Liability Claim?

To succeed in a premises liability claim, you must establish that the property owner or party responsible for maintaining the premises acted negligently, leading to your injuries. Below are essential factors to prove in premises liability cases:

1. Duty of Care

You must show that the property owner or occupier owed you a duty of care. Under premises liability laws, property owners are responsible for keeping their premises reasonably safe for visitors. This duty depends on the relationship between the injured person and the property. For example:

• Invitees: Visitors are invited onto the property for business purposes, such as customers in a store.
• Licensees: Guests invited socially, like family members or friends.
• Trespassers: Generally, property owners owe a limited duty to trespassers, except in certain circumstances, like safeguarding children from dangerous conditions (e.g., swimming pool accidents).

2. Breach of Duty

You must prove the property owner or occupier failed to fulfill their responsibility to maintain a safe environment. Examples of breaches include:

• Failing to clean up spilled substances.
• Ignoring unsafe stairs, walkways, or flooring.
• Failing to repair broken lighting in dangerous areas.
• Allowing hazards, such as a lack of proper security or hazardous conditions on the property.

3. Causation

Injury victims must demonstrate that the property owner’s negligence directly caused the accident and their injuries. For example, if you slipped and fell on spilled liquids in a store, you must prove the fall occurred because the spill was not cleaned or marked with a warning sign.

4. Injuries and Damages

You must show that you sustained injuries or damages due to the accident. This may include medical expenses, lost wages, pain and suffering, or other losses incurred from the fall or accident. Evidence such as medical records, photos of injuries, and documentation of expenses is critical.

Premises liability cases often involve various types of accidents, such as:

• Wet floors or uneven surfaces cause slip and fall incidents.
• Fall accidents from broken stairs or poorly maintained walkways.
• Swimming pool accidents due to improper fencing or lack of supervision.
• Injuries resulting from falling objects in buildings or stores.

What to Do if You’ve Been Hurt on Someone Else’s Property in Hawaii

• Get the medical treatment you need. This is crucial for your health. Some serious injuries have delayed symptoms, so waiting for treatment can endanger your health.
• Make an accident report. You should report your accident, though who you need to report it to will vary depending on the circumstances of your accident. You should inform the property manager if one is available. If your incident occurred at work, tell your employer. If you were in an area where police or security guards may be present, such as a store, hotel, or other high-traffic area, make your report to an officer.
• Take photos of the scene as well as your injuries. Take pictures of the area where you were injured. If you are injured too severely to do this, have a family, friend, or lawyer return to the scene to take photos as soon as possible. The longer you wait, the more likely the hazard that injured you will be cleaned up or repaired.
• Call an attorney. Premises liability claims are complicated, and handling them independently is risky. Instead, hire a lawyer as soon as possible. While recovering from your injuries, they can handle the details of your case.