A recent tragedy at a Hawaii beach raises issues concerning personal safety the duty of the state and other local governments to protect visitors from the perils of its natural beauty – including dangerous hiking trails and ocean access. In fact, due to the high number of vacationers drowning while visiting Hawaii, the Hawaii state senate has considered several measures aimed at increasing visitor awareness and safety.
The number of tourist accidents raises several questions of liability, and the responsibility of the state regarding visitors to its frequently dangerous terrain.
For example what type of warnings must the state provide? And when can the family of a drowning victim sue for wrongful death? If you have lost a loved one in a tourist accident, it is a good idea to consult with an experienced Hawaii wrongful death attorney right away. Often, many factors may be involved in any one incident and it is always a good idea to have someone on your side that can begin an investigation into just what happened.
In certain situations, the state may be found negligent and held responsible for damages in what's referred to as a premises liability lawsuit. A premises liability case may arise where an individual is hurt on state land that is unreasonably dangerous or lack adequate warnings of the danger. In these types of situations, a visitor may be unaware of just how powerful the waves are and the failure of the state (or other landowner) to post signs warning of the dangers may be negligent. Further, advertising materials that portray a calm ocean with gentle waves may give the swimmer a false sense of security, adding to the negligence of the state.
While states and other landowners may argue that the dangers of the ocean are well known, this stance may not be persuasive, particularly where an area is known to be hazardous.
As Hawaii wrongful death attorneys we applaud legislative efforts to bring greater awareness to the risks inherent in swimming in the beaches of the coast of Hawaii. While the beaches may be beautiful, the crashing waves and rip tides create significant hazards for the unwary.
For more information or if you have lost a loved one in a serious Hawaii personal injury accident, please contact the top Hawaii wrongful death lawyers at Bostwick & Peterson, LLP for an immediate consultation.
