Slip and fall accidents represent a large percentage of customer claims against retailers and restaurants in Hawaii, according to the Hawaii Restaurant Association. This is unsurprising given the Aloha State’s position as a global tourism destination.
Whether you are on the island as a tourist or as a resident, learning about Hawaii’s slip and fall laws will help you deal with the issues that come with a slip and fall injury.
A slip and fall is a type of premises liability case. Under Hawaii’s premises liability law, the owner of a home or business will be liable for injuries sustained by visitors due to unsafe conditions on the property.
For instance, a wet floor in a supermarket causes you to slip and fall. You may demand compensation from the business operator for your damages.
To learn more about your options after a slip and fall accident, read through the following sections, as they outline the legal requirements for a slip and fall claim, the different ways of securing compensation for your injuries, and the role of a slip and fall lawyer in building your case.
The article ends with a list of other resources that can help you deal with the legal repercussions of slips and falls.
If a person falls due to a slip hazard on someone else’s property and injures themselves, they have grounds for a slip and fall case. A claim may be filed against the property owner for breaching their duty to keep their premises safe and causing an injury as a result of their negligence.
A slip and fall victim must prove the following elements to have a successful claim against the property owner:
The slip and fall must have occurred because of an unreasonable hazard on the premises. Some examples of these hazards are the following:
Wet or slippery pathways due to pool, ocean, or rainwater;
Spillages from food or drinks in a grocery store or restaurant;
Uneven flooring or sidewalks;
Bulging carpets;
Loose floorboards;
Defective or missing handrails on stairs;
Exposed wiring.
A slip and fall claimant must also demonstrate that the owner had actual or constructive notice of the safety risk on the property. There is actual notice if the owner learns about the hazard via email, mail, or other legally verifiable means of contact. Constructive notice is presumed if the dangerous condition can be discovered, as long as the owner carries out routine care and inspection of the property.
If the owner is aware, or should have been aware, of the hazard but takes no action to remove or prevent it, then they can be considered negligent. Note that the hazard that caused the slip and fall injury must be preventable or foreseeable. If there is evidence that the owner fulfilled their duty to keep the property safe, for example, by complying with the state building code and residential code, they could avoid liability.
There may be defects or hazards on a property that take a long time to fix. If the owner cannot find an immediate remedy, they must put up warning signs, such as posters or barriers, to alert visitors to the danger. However, an exception to this rule may apply if the hazard is “open and obvious,” based on a Hawaii Supreme Court decision. An example of an open and obvious hazard is a puddle of water, which is in itself a warning for visitors to take precautions.
It would appear that the answer is yes, based on the reasoning of the Hawaii Supreme Court in Pickard v. City and County of Honolulu. In this case, the court removed the distinction between an invitee, a licensee, and a trespasser as far as premises liability is concerned. It ruled that the owner must always take reasonable steps to ensure the safety of all persons potentially coming onto their property, regardless of their status as invitees, licensees, or trespassers.
Hawaii’s Recreational Use Statute, however, provides a specific exception to a property owner’s duty of care. If they allow their property to be used for recreational purposes without charge, they have no obligation to keep the premises hazard-free. This means that if a recreational user suffers a slip and fall injury on the property, the owner will not be liable unless:
They deliberately created or ignored a known hazard, which led to the accident.
The person injured is a house guest on the premises.
Slip and fall victims in Hawaii can recover as much as $5 million in damages if they suffer a disabling injury. This amount represents one of the largest jury awards in the state’s history. The plaintiff, Beverly Munguia, suffered a severe spinal injury after a slip and fall accident at a fast food restaurant in Maui. The compensation she received comprised payments for the economic and non-economic damages she incurred due to the accident.
Economic damages refer to quantifiable losses, such as medical expenses, rehabilitation costs, and lost income. They are also known as “specific” or “special damages.”
Non-economic damages are intangible losses, which make them difficult to calculate. In the Munguia case, the plaintiff was compensated for the pain and suffering that she suffered, as her spinal injury restricted her mobility and diminished her ability to interact with loved ones. Hawaii also calls non-economic damages “general” damages.
Punitive damages may also be awarded to plaintiffs if there is gross negligence, malice, or fraud on the part of the defendant.
Hawaii does not put a cap on economic and punitive damages. But in most personal injury cases, there is a ceiling of $375,000 on non-economic damages.
Another factor that may affect compensation in a slip and fall case in Hawaii is whether the plaintiff was also negligent. The state applies the comparative negligence rule, reducing the damages awarded by the percentage of fault attributable to the plaintiff. If the injured person is 30% at fault, then they will recover only 70% of the damages. This rule applies as long as the plaintiff’s fault does not go beyond 50%; otherwise, recovery is no longer possible.
To receive compensation for a slip and fall injury, the victim may also file a claim with the liability insurance company of the property owner. If the slip and fall injury is work-related, the employee may be eligible for workers’ compensation insurance benefits.
General liability insurance covers different types of damage and injury claims against a business. If a customer is hurt, for example, in a store robbery, the insurance will compensate the victim for their injuries.
Premises liability insurance is a specific type of liability insurance, as it particularly covers injuries due to a property’s dangerous condition. If a slip and fall injury is caused by the business operator’s being negligent in keeping their property safe, the policy will pay for the victim’s medical expenses. It will also cover the company’s litigation costs if the case goes to trial.
Most businesses in Hawaii are not required to have general or premises liability insurance. But purchasing coverage is recommended, as 1 million people end up in the emergency room due to slip and fall accidents every year, according to the National Floor Safety Institute.
Depending on the policy coverage, homeowners’ insurance or renters’ insurance may pay for your medical expenses if you are injured at someone else’s residence. Homeowners’ insurance is not mandatory in Hawaii, though some lenders require homebuyers to secure coverage until the mortgage is paid in full. Renters’ insurance is also optional unless the landlord requires the tenant to purchase coverage for liability due to property accidents like slips and falls.
According to the U.S. Bureau of Labor Statistics, 16% of fatal occupational injuries in 2022 were due to slips, trips, and falls. Workers’ compensation law is the basis of most job-related injury claims against employers instead of premises liability law. If someone suffers a slip and fall injury in the course of employment, they may apply for workers’ compensation insurance benefits. It does not matter if they are partially at fault for their accident. They will get compensated for their losses because workers’ compensation coverage is no-fault insurance.
Slip and fall victims in Hawaii have two years from the date of the accident to file a claim against the negligent party, except in the following situations:
If the claim is against a county, like the City or County of Honolulu: The statute of limitations is generally six months.
If the claim is against the state: Although a two-year deadline also applies, this could change, depending on the specifics of the case. Consulting with a slip and fall lawyer is recommended, as they can assist with the legal nuances of a claim.
If the applicable statute of limitations expires without a claim being filed, the injured person will lose the opportunity to be compensated for their damages.
This is a compilation of Hawaii laws on negligence and premises liability claims against stores, restaurants, hotels, and other similar establishments. It provides details, including case citations, of what constitutes negligence and premises liability. The document also describes the Hawaii court system, offering guidance on where to file cases depending on the nature of the infraction or offense and the damages involved.
Established in 1969, the foundation assists Hawaii residents in finding lawyers who can help with their legal concerns. Its website provides a list of pro bono legal services that injured individuals can explore if they need lawyers’ advice. On the list is the Hawaii Online Pro Bono, which caters to moderate- to low-income residents. Information is also available about the Medical-Legal Partnership for Children in Hawai‘i, which partners with lawyers who specialize in different practice areas, including personal injury law.
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