Hawaii Injury Lawyer Blog

Was State of Hawaii Liable In Causing Fatal Auto Accident?

Tue, 15 May 2012 06:52:24 -1000

A recent Hawaii wrongful death and negligence case evaluated the several causes that may have contributed to a fatal car accident. In Cabral v. State of Hawai'i, the family members of Shawn Kaikala brought a civil lawsuit against the state following a fatal car crash that took the man's life. A trial court found that the state was not at fault, and an appellate court refused to hear the appeal as untimely, however the Hawaii Supreme Court that the case should be heard on its merits.

Here, the case arose from a July 20, 2000 car crash that occurred on Highway 11 in the County of Hawai'i between Shawn Kaikala and another driver. A lawsuit between Kaikala's family and the driver was settled but the lawsuit against the State went to trial. The family alleged that the State was negligent in the "design, construction or maintenance" of Highway 11.

If you or a loved one has been injured in an accident, consulting with an experienced Hawaii personal injury attorney right away is important to discuss all potential avenues of recovery.

Roadway negligence lawsuits may arise when a road is unreasonable dangerous as the result of how it is constructed or maintained. This may occur in a number of situations such where there's a lack of adequate signage, or poorly maintained shoulders or failure to have median barriers where necessary. Municipalities may also be found negligent where they fail to adequately remove debris or trim overgrown trees and shrubbery that may obscure adequate views of the road.

Number Of Fatal Hawaii Car Crashes On The Rise

Tue, 08 May 2012 06:51:16 -1000

Big Island News reports that a car crash between a pickup truck and a sedan at the intersection of Queen Kaahumanu Highway and Kawaihae Road has killed two people and injured two others. One man died at the scene, while another passed away at a nearby hospital. The accident remains under investigation, but initial reports indicate that speed and alcohol were factors in the crash. One man has been arrested and charged with negligent homicide among other charges.

Car accidents are among the leading causes of injury and death in the United States. Every year, well over six million traffic accidents take place, the majority of them involving cars. A quarter of a million people suffer some form of injury in these accidents, and approximately 40,000 people lose their lives. If you are one of those who have been harmed in a car accident, it is advised that you contact a Hawaii personal injury attorney at once. A large percentage of car accidents can be traced to an instant of negligence. These accidents are the result of driver negligence, negligence on the part of cities or counties that have not properly maintained the roads, or negligent car manufacturers that have installed faulty components or have serious design flaws that endanger consumers.

Whatever the situation is, a person who has been victimized by negligence in a car accident has a strong chance of recovering significant damages, especially if they are represented by an experienced personal injury attorney.

Wrongful Death Lawsuit Filed Against Hawaii Group Home

Mon, 30 Apr 2012 08:35:15 -1000

A recent wrongful death lawsuit filed in Hawaii’s First Circuit Court alleges that a group home is responsible for the death of a taxicab driver. The Estate of Charlys Tang has sued the Hale Kipa group home after two teen-aged boys beat Tang to death. The boys were convicted of killing the man, and a negligence lawsuit has been filed stemming from the actions of the group home that night.

A wrongful death action can arise in any situation where the negligent or reckless conduct of another leads to an individual’s death. In certain circumstances, the surviving family members may be able to file a civil claim against the responsible party. While no amount of money can make up for the death of a loved one, a fair claim should cover all the financial costs associated with the event, including medical expenses, funeral and burial costs and lost future earnings, as well as compensation for pain and suffering.

If you have lost a loved one as the result of another person’s or entity’s wrongful conduct, it is important to consult with a skilled Hawaii wrongful death attorney to help you through this difficult period.

Here, the lawsuit alleged that the group home was negligent in its supervision of the boys who were placed there in a program designed for youths who demonstrated severe emotional and behavioral disturbances that could not be safely managed in a less restrictive setting. According to the complaint, despite the fact that group home knew that the boys had a propensity for violence, the home failed to adequately supervise the boys and ignored house rules concerning bed checks and curfews.

State of Hawaii Found Liable In Fatal Car Accident

Tue, 24 Apr 2012 06:17:22 -1000

A Hawaii circuit court judge has found the state of Hawaii liable in a fatal 2005 wrongful death lawsuit. The fatal accident occurred when a vehicle drive by Denise Callo plunged over the side of a scenic overlook, killing Callo and one passenger, James Makekau, as well as causing serious injuries to another, Tiffany Romena who suffered minor injuries after the vehicle driven by Callow went over the side of the scenic overlook. The overlook was in disrepair – it was an unpaved look out area that was sustained by an unmortared rock wall.

The families of Callo, Makekau and Romena sued the state in a premises liability lawsuit for negligence and for failure to warn the public of the hazardous condition.

Where the negligence or wrongful conduct of a person, business or governmental entity leads to the death of another it may be possible to bring a wrongful death lawsuit. Here, the basis of the lawsuit was “premises liability.” Premises liability may exist where an owner of a land knowingly allows a dangerous condition to exist, or where they should have known of a dangerous condition and failed to adequately warn of the danger – or remedy the condition. Consulting with a Hawaii personal injury lawyer is important if you or a loved one has been seriously hurt in a accident due to the carelessness or wrongful conduct of another.

In his ruling, Maui Circuit Court Judge Joseph Cardoza found that the State of Hawaii was entirely at fault for the personal injuries and wrongful death, and that the “condition of the accident site … was the sole cause of the accident.”

Representatives of the family asserted that the state was inviting motorists onto the hazardous by having paved access to the look out. Additional trial testimony revealed that “the state did not …try to protect against the hazards of vehicles going over the cliff, a hazard it knew existed.” Further, "There was no evidence presented that members of the public were ever put on notice of any hazards present at the scene, such as the uninspected and unmaintained old unmortared stacked-rock wall," the judge wrote. "Common sense would not provide notice to anyone using this popular scenic lookout of this potentially deadly hazard."

What Should I Do If I'm In A Hawaii Car Accident?

Tue, 17 Apr 2012 06:35:43 -1000

The Hawaii news reports that two of the four people injured in a head-on auto accident in Kaaawa in March were BYU Hawaii students. The accident happened when the students were driving home after running errands. A car in the opposite lane crossed the center line and ran into the students. Emil Amante, a junior accounting student suffered serious injuries including multiple fractures. His passenger, Ira Paz, also suffered major injuries and was treated at the Queen’s Medical Center in Honolulu.

Whenever a person is injured in a Hawaii car accident, it is important to consult with an experienced Hawaii personal injury lawyer right away. A knowledgeable accident attorney can begin a detailed investigation into the facts and circumstances surrounding the event and help you determine your next steps. In many instances a variety of factors may contribute to an accident, and it is important to gather as much information as possible.

According to Hawaii News Now, the accident occurred on the Kamehameha Highway near Kaaawa Place and Kaaawa Valley Road. Authorities report that at one person was pinned under a vehicle, and many people who were one the scene – including many students - provided immediate assistance to the victims.

Many people wonder what shoud I do if I have been in an accident?

If you have been in an accident, when possible and after obtaining the medical assistance necessary, it’s a good idea to follow a few simple guidelines. These include:

• Exchange basic identifying information with the other driver, such as phone numbers, drivers license numbers and addresses.
• Make a note of what you remember about an accident - such as how fast you were driving, the actions of the other vehicle, and how the accident occurred.
• Write down anything you recall about the weather conditions at the time of the accident. What time of day did the accident occur? Was it sunny? Rainy? Windy?
• What was the condition of the road? Was it in good repair?
• Obtain the names of any witnesses to the accident.

Hawaii Car Accident Kills 5

Mon, 09 Apr 2012 18:00:55 -1000

Hawaii news reports that a tragic Maui County car accident has killed 5 people in Kula. Reports indicate that the auto accident occurred after a Dodge Neon carrying 6 people split in two after it collided with another car, a Suzuki sedan. The 5 passengers were ejected from the car on impact, and 4 of the passengers died at the scene. Another passenger died at a Maui airport. The driver of the vehicle survived, after being treated and released for serious injuries.

Sometimes accidents occur and no one is legally at fault. Other times, a variety of factors may play a role in causing an accident to occur and another person or entity may be held responsible for causing another’s serious personal injury or wrongful death. If you or someone you love has been injured in an automobile accident, it’s always a good idea to consult with an experienced Hawaii personal injury attorney.

Three passengers of the sedan, all from Pukalani, were taken to the hospital and treated for serious injuries. Initial police reports indicate that speed and alcohol may be factors in the crash, as well as drugs. Police state that they believe the Neon was speeding while traveling north, and then the driver lost control and the car began to spin, eventually crossing over the lines and into traffic heading the opposite direction. When the car collided with the sedan, the impact sheered the car in half. Only the driver was wearing his seatbelt. None of the passengers had their seat belts fastened and were thrown from the vehicle when the cars collided.

State Of Hawaii To Pay $15.4 Million In Hawaii Hiking Death

Thu, 29 Mar 2012 08:27:31 -1000

After being found responsible for the death of a California woman in a Hawaii hiking death, the State of Hawaii has agreed to settle the wrongful lawsuit for $15.4 million. The tragic accident occurred when Elizabeth Warke Brem, a California attorney was hiking on Kauai with her cousin. Last year, Hawaii Circuit Court Judge Kathleen Watanabe determined that the State of Hawaii caused the wrongful death of two women.

A wrongful death action can arise as the result of any personal injury accident where a death occurs as the result of the wrongful or negligent conduct of another. Accidents that occur on the property of another are sometimes called “premises liability” and are based on allegations that a property owner’s failure to warn of a dangerous condition that they knew or should have known existed caused harm to an individual on that property. If you or a loved one has been injured in a personal injury action or suffered a wrongful death, consulting with an experienced Hawaii wrongful death attorney is important to determine your rights and protect your interests.

The case alleged that the state was negligent in failing to adequately warn the hikers of unreasonably dangerous conditions that existed on the property. The women died while hiking on a trail to Opaekas Falls in Kauai’s Waialua River State Park, a site where several other hikers have been injured.

The court agreed, finding that the state failed “to protect or warm Elizabeth Brem and Paula Ramirez against the extreme and hidden dangers it knew existed…” and that the state’s failure to exercise reasonable care to protect the public was the legal cause of the women's deaths.”

State Of Hawaii To Pay $15.4 Million In Hawaii Hiking Death

Thu, 29 Mar 2012 08:27:31 -1000

Report Determines That Deterioration Of Hawaii Roads And Bridges Leads To Significant Costs And Injuries

Wed, 21 Mar 2012 08:13:22 -1000

A recent report out of Hawaii based on a study conducted by a non-profit transportation reveals that nearly two thirds of Hawaii’s major roads and highways have deteriorated. While this finding has serious implications in terms of costs – the average Honolulu driver pays $700/year due to higher fuel costs, repairs, tire wear and tear and faster vehicle depreciation as the result of bad roads – the real harm comes in the form of car accidents. The Road Information Program (TRIP) concludes that accidents caused by defective roadway design cost each driver in Hawaii about $200 and account for about 30% of all Hawaii fatal crashes. Although the Hawaii Department of Transportation estimates that the number of accidents due to defective roadway design is closer to 6.5%, the number of accidents and injuries caused by negligent or defective roadway design is significant.

If you have sustained a serious personal injury or a loved one has died as the result of another’s negligence, it is important to consult with an experienced Hawaii accident attorney. Where another person – or entity – is responsible for causing your injuries, it may be possible to recover compensation. Roadway negligence includes a variety of issues, from failing to provide routine maintenance, to not remedying dangerous conditions, to the design of the road itself – including inadequate placement of road signs, poor visibility at intersections, unprotected shoulders and steep, inadequately graded curves.

Third Bay Area Visitor Dies In Hawaii Hiking Accident

Tue, 13 Mar 2012 07:22:17 -1000

In a tragic Hawaii hiking accident, a California woman from Sunnyvale has died after being swept away by a swollen stream. Witnesses report that Sansan Sheng was attempting to cross Hanakapiai stream when the accident occurred. Sheng was climbing on a trail leading to a beach and waterfall. With a reputation for being treacherous, the area had been under a flash-flood warning. The warning expired just hours before Sheng went on her hike. Rising water levels on Hanakapiai stream last month trapped 37 hikers who had to be rescued.

Sheng is the third Bay Area resident to die in 2012 while vacationing in Hawaii. While in many instances accidents happen and no one is to blame, when an individual is harmed on another’s property where an unreasonably dangerous condition exists, under certain circumstances he or she, or the surviving loved ones, may be able to file a lawsuit for personal injury or wrongful death. These types of lawsuits are called “premises liability.”

People who are injured may be able to recover compensation for their injuries from the owner or possessor of the property on which the injury occurred, whether privately owned or public lands, in situations where the lack of proper warning or the existence of an unreasonably dangerous condition leads to harm.

In Hawaii, serious personal injury and wrongful death actions often occur on state property because of the topography of the state, which creates significant dangers. Where the state fails to take adequate precautions and provide sufficient warnings, it may be held responsible for injuries that occur. Recent case law determined that the State of Hawaii was liable in a wrongful death lawsuit filed by the surviving family members of two hikers who fell down a cliff in Kauai Park based on the failure of the state to exercise reasonable care to protect the public from hidden dangers.

Spike In Hawaii Fatal Motorcycle Accidents Creates Concerns

Tue, 06 Mar 2012 09:32:36 -1000

The Hawaii Star Advertiser reports that a 36-year-old Waimanalo man died last week as the result of a Oahu motorcycle accident. According to the police investigation, David M. Keaweehu III was riding his 2011 Harley Davidson eastbound when he ran a red light. Although he tried to stop, Keaweehu slid into a car headed in a different direction. He died at scene of the crash.

Keaweehu’s fatal crash marks the 13 fatal motorcycle accident in Hawaii this year, and the fifth on Oahu. This figure is up by more than 50% than a year ago. If you have been injured in a motorcycle accident or have lost a loved one in a motorcycle crash, consulting with an experienced Hawaii personal injury attorney is important to answer you motorcycle accident questions and determine your next steps.

Although in some instances rider error is the sole cause of an accident, many times other factors may have caused or contributed to a crash. In these instances, it may be possible to file a negligence or wrongful death claim. For example, poor roadway design, maintenance or lack of adequate lighting may lead to a crash. In some situations, traffic lights fail to work properly or may be obscured. Other times, drivers in other vehicles may be to blame. Car drivers may make critical errors such as failing to yield when motorcycles have the right of way, or failing to check blind spots when switching lanes. Considering all potential factors that may have lead to a particular accident is important to ensure injured parties or the family of a loved one killed in a fatal accident obtain all the compensation they are entitled to.

Wrongful Death Lawsuit Filed Against State Of Hawaii

Wed, 22 Feb 2012 07:54:07 -1000

News reports that a wrongful death lawsuit has been filed against the State of Hawaii along with the nation’s largest private prison company. The civil claim alleges that the company’s “negligence, recklessness, and flagrant failure to protect” an inmate led to an environment that allowed other prisoners to stab the man, ultimately killing him.

A wrongful death complaint is a civil action that arises as the result of another person or entity’s wrongful conduct. Compensation may be recovered by the family of a victim in situations where the negligence or reckless conduct leads to the death of a loved one. Wrongful death lawsuits may be brought by the surviving family members, typically a spouse, children or parents. If you have lost a loved one as the result of the negligent conduct of another, speaking to a Hawaii wrongful death attorney is crucial to determine your rights and protect your interests.

Here the family of a 26-year-old man, Bronson Nunuha, has sued the Corrections Corporation of American, the State of Hawaii, the Department of Public Safety and several state officials as the result of the conditions at the southeast Phoenix prison that led to this tragedy. On February 18, 2010 Nunuha was housed in a cellblock with known gang members and was stabbed more than 140 times. The inmates distracted the only counselor on duty that day while they carried out the attack.

The complaint alleges a variety of actions that created a dangerous environment including the failure to adequately staff the cell block where Nunuha was housed, the mixing of convicts of every level of dangerousness including gang members with rival gang members and unaffiliated prisoners. The family asserts that the private prison “failed to follow basic common-sense correctional practices that would have prevents his brutal murder at the hands of the violent criminals surrounding him.” Additionally, the State of Hawaii, which had placed Nunuha in the Arizona prison for budget reasons, should have allowed Nunuha to return to Hawaii as of 2009. Pursuant to Hawaii law, prisoners may return from out-of-state prisons at least 1 year prior to their release date.

Bill Introduced To Prevent Ziplining Accidents And Personal Injuries

Wed, 15 Feb 2012 07:59:20 -1000

Following last year’s fatal zipline accident that injured one man and killed another, Hawaii officials are discussing stricter guidelines for zipline inspections. Ziplining, which is a popular tourist attraction, involves strapping riders into a harness that attaches to a cable and allows them to glide over forest canopies. Last year, a man died when he was testing a line. A tower holding the line collapsed, and the rider fell over 200 feet to the ground.

Several questions of liability were raised following the personal injury accident including whether the men were properly supervised, whether they were following safety precautions – if any safety precautions were in place, and if their employer breached a duty to them in creating a dangerous condition.

If you or a loved one has been injured in any type of personal injury accident, it is important to consult with a top Hawaii personal injury attorney to review all of the circumstances surrounding an incident, answer your personal injury questions and advise you of your rights.

As the result of the zipline accident, legislation has been introduced that would require the Department of Labor and Industrial Relations to conduct $100 inspections of the lines. However, many are pushing for more extensive inspections that provide a more in depth and complete analysis of a particular zipline’s safety and structure.

Military Medical Malpractice Lawsuits Face Legal Challenges

Wed, 08 Feb 2012 07:11:09 -1000

When you go to a medical provider, you expect quality care and treatment. In most cases the care you receive is just that. However, in some situations you may be harmed by the treatment you receive or fail to receive. If the care you receive doesn’t comply with accepted standards of care and the health care professional causes an injury, in many situations you may have a claim for medical malpractice. Consulting with a top Hawaii medical malpractice attorney is important to preserve your rights and determine your next steps.

However for military families, a little known doctrine continues to block lawsuits caused by military medical malpractice. Called the “Feres Doctrine,” this doctrine provides the U.S. legal immunity from exposure to medical malpractice claims. The Feres Doctrine, named after a 1950s Supreme Court case stands for the general proposition that the government cannot be sued for any injuries or the wrongful death of military personnel while on active duty. This case has been applied to bar military personnel from bringing medical malpractice actions, even where medical professional are negligent.

In 1987, the Feres doctrine was used to deny a malpractice claim in United States v. Johnson. Writing for the dissent, Justice Scalia noted, “Feres was wrongly decided and heartily deserves the widespread, nearly universal criticism it has received.” Justice Scalia argued that the doctrine has been misapplied, and that governmental immunity should only apply to claims “arising out of the combatant activities of the military or naval forces during the time of war.” The logical problems of the Feres doctrine have been well chronicled. For example, while a soldier who is a victim of medical malpractice or negligence at an army hospital may not be able to successfully sue the government, a civilian harmed under the same circumstances may be able to recover compensation.

A recent wrongful death medical malpractice case out of Florida has once again brought the issue to the forefront. In German v. United Sates, the wife of an active Navy serviceman came to the Naval Hospital complaining of a severe headache. This was not her first time complaining of the headaches. She was sent home with a diagnosis of a migraine. The next morning she came back with “stroke-like symptoms.” She was subsequently transferred to the Mayo Clinic where she was treated for a brain hemorrhage. She later died.

Hawaii Parasailing Accident Under Investigation

Wed, 01 Feb 2012 07:22:10 -1000

Just what led up to the tragic Hawaii parasailing accident is now under investigation. According to Hawaii News Now, an investigation is underway to determine what caused the parasailing line to break sending two men to the hospital, one of them with critical injuries. Reports indicate that two men from Palm Springs, California were parasailing when the line broke. The men fell to the water and were then dragged roughly 1000 feet.

When any injury accident happens, it is important to speak to an experienced Hawaii personal injury attorney to begin an investigation into all of the different factors that may have caused or contributed to an incident's occurrence. Where another’s careless, negligent or reckless conduct leads to an injury, you may be able to recover compensation.

A spokesperson from the U.S Coast Guard notes that while they do inspect the boats companies use for parasailing, they don’t check on the safety of the lines or parachutes, stating “It’s left up to the companies to police themselves.” Whether the parasailing companies took the appropriate actions to ensure the safety of their clients will be likely be closely reviewed. Further, although some have noted that the aspect of “danger” is part of the attraction of parasailing, participants expect that all equipment will function properly and they will not be exposed to an unreasonable risk of harm.