In Hawaii, landowners must take reasonable steps to protect others from getting hurt on their property. When an unsafe condition leads to an accident, injured victims can pursue financial compensation for their medical bills and related expenses through a premises liability claim.
Premises liability accidents can occur anywhere, most often in residential or commercial settings. No matter where you sustained your injury, you can only obtain compensation if you prove it is due to a hazard on the property that the owner knew or reasonably should have known about. In legal terms, this means you must prove negligence.
However, suffering an injury on someone else’s property does not automatically make the owner negligent. The presence of an unsafe condition doesn’t guarantee their liability, either. Only a careful examination of the facts can determine whether you have a valid premises liability claim.
Contact a Waipahu premises liability lawyer at Recovery Law Center today. We know the legal process can seem scary and overwhelming. We provide the comprehensive support you need to seek maximum compensation and get your life back on track. Call or contact us today for a free consultation.
What is Premises Liability?
Premises liability falls under the category of personal injury law. It refers to a landowner’s duty to keep their properties free of potential dangers to others.
Everyone in Waipahu has the right to expect their surroundings to be safe. When you go to a restaurant, shop in the grocery store, or visit a friend at their apartment, you should be able to trust that the property owner has taken reasonable steps to prevent an accident from happening. That means repairing unsafe or defective conditions promptly and making a reasonable effort to warn visitors of dangerous spaces.
A landowner who fails in their duty to keep their properties in reasonably safe condition could be held responsible for their negligence through a premises liability claim.
Types of Premises Liability Claims in Waipahu
Premises liability cases can arise from accidents involving:
- Slip and falls
- Trip and fall accidents
- Broken stairs and stair railings
- Loose flooring and carpets
- Wet or slippery floors
- Elevator or escalator accidents
- Dog bites
- Poor lighting
- Inadequate security
- Swimming pools
- Cracked or broken sidewalks
- Fires
- Building code violations
- Toxic fumes and chemical spills
If you or a loved one sustained an injury in an accident on another’s property, let an experienced premises liability attorney review your case and explain your rights to compensation.
Where Do Most Premises Liability Accidents Happen?
As a large residential and commercial area, Waipahu is home to many places where a premises liability accident could happen. Examples include:
- A home or apartment complex
- Grocery store
- Shopping mall
- Restaurant
- Bar
- Nightclub
- School
- Workplace
- Hospital
- Airport
- Amusement parks
- Swimming pools
- Public parks
- Office buildings
- Parking lots
If you’ve been hurt, a skilled premises liability lawyer can determine whether a property owner’s negligence caused your injuries and gather evidence to build a strong claim on your behalf.
Premises Liability Injuries
Premises liability accidents can result in severe and life-changing injuries, including:
- Broken bones
- Traumatic brain injury (TBI)
- Neck injuries
- Back strains
- Spinal cord injuries
- Cuts and lacerations
- Puncture wounds
- Blunt force trauma
- Burns
- Scarring and disfigurement
- Internal bleeding
The medical expenses associated with premises liability accidents can be tremendous. You shouldn’t be forced to pay thousands of dollars in medical bills when someone else is responsible. An attorney from Recovery Law Center can investigate your claim and place a full and fair value on your case.
Compensation for Accident Victims
You can hold a negligent property owner accountable for financial and non-financial losses after a premises liability accident. The compensation, also known as damages, is meant to reimburse you for your physical, financial, and personal losses.
A successful premises liability claim could provide money for:
- Medical bills
- Lost wages
- Lost future income
- Rehabilitation
- Accident-related costs, like transportation to medical appointments
- In-home nursing services
- Assistive medical equipment (like wheelchairs)
- Medications
- Pain and suffering
- Lost quality of life
- Loss of consortium
- Disfigurement
- Permanent disability
Common Premises Liability Defenses
Don’t expect a property owner to back down from a premises liability claim without a fight. These cases are not always clear-cut, and it’s a guarantee that the landowner’s insurance company will look for any reason to avoid a payout.
Common defenses in premises liability claims include:
- The property owner was unaware of the hazard. Hawaii premises liability law says landowners are only liable if they knew or reasonably could have known that a dangerous condition existed on the property.
- You contributed to your injuries. Expect the responsible party’s insurance company to try and pin the blame on you. Under Hawaii’s comparative negligence law, you cannot recover any compensation if you’re more than 50 percent at fault for your injuries.
- You trespassed on the property. Landowners have no duty to keep trespassers safe. They may argue you were on the property unlawfully when the accident occurred.
- Your injuries are due to a preexisting condition. Rather than deny responsibility, the property owner might assert your injuries result from a prior health condition, not the accident on their property.
Don’t risk having your case thrown out on a technicality. Contact an experienced lawyer who can establish a strong argument in your favor.
Contact a Premises Liability Lawyer in Waipahu
If you or a loved one sustained injuries on someone else’s property in Waipahu, reach out to Recovery Law Center today. Our dedicated lawyers will listen to your story and develop a strategic plan to pursue maximum compensation for your losses.
There’s nothing to lose and everything to gain by scheduling a free consultation. Call or contact us now.
