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CASE LAW I. IN GENERAL A. General Principles B. Other Remedies 1. Traditional Maritime Remedies 2. Federal Law Remedies 3 Remedies by State Law C. Foreign Involvement 1. In General 2. Place of Injury 3. Flag or Ownership of Vessel a. In General b. Foreign Ownership c. Foreign Vessels with American Interests 4. Nationality of Seaman 5. Other Factors II. PERSONS ABLE TO RECOVER A. Seamen 1. General Principles a. In General b. Status as Seaman 2. "Vessel in Navigation" a. In General b. Status of Vessel c. Particular Vessels 3. Particular Seamen B. Representatives of Seamen III. EMPLOYMENT A. In General B. Particular Entities as Employers C. In Course of Employment IV. NEGLIGENCE A. In General B. Vicarious Liability 1. In General 2 Particular Acts of Crew C. Circumstances of Injury 1. Assault a. In General b. Assaults Among Crew & Officers 2. Improper Supervision a. In General b. Particular Acts 3. Medical Care 4. Particular Properties of Vessel & Dock 5. Other Circumstances V. DEFENSES A. Seaman's Conduct 1. Comparative Negligence 2. Assumption of Risk 3. Particular Circumstances B. Release C. Limitations of Actions 1. Statutory Limitations 2. Laches D. Collateral Estoppel & Res Judicata E. Limitation of Liability F. Other Defenses VI. DAMAGES A. In General B. Damages for Injury 1. Elements of Damages 2 Award Deductions C. Wrongful Death 1. Elements of Damages 2. Computation of Award VII. PRACTICE & PROCEDURE A. State Court Actions B. Jurisdiction 1. In General 2. Bases of Jurisdiction C. Venue 1. In General 2. Bases of Venue 3 Forum Non Conveniens D. Election of Remedies 1. In General 2. Particular Remedies E. Institution of Action F. Pleadings and Motions 1. Complaint 2. Answer 3. Motions G. Removal and Remand H. Discovery I. Jury 1. Right To Jury Trial 2. Submission of Issues J. Evidence 1. In General 2. Plaintiff's Burden of Proof 3. Defendant's Burden 4. Admissibility K. Appeal and Review L. Settlement
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The information provided in these pages is intended to be preliminary
and informational ONLY. It is not legal advice by
Hawaii Injury Lawyer | Attorney
nor may it be relied upon as such. The use of the
Hawaii Injury Lawyer- Drowning webpages does not establish an attorney-client relationship. This page is Copyright 
1999-2005 by William H. Lawson.
All rights reserved. Its contents are the property of William H. Lawson- Hawaii Injury Lawyer | Attorney- Drowning, Diving & SwimmingWe thank you for visiting our site! |
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situations may have very different deadlines for filing.
Some claims in swimming pools and private parks
may generally follow Hawaii's
two (2) year statute of limitations. It must be recalled, however,
that pursuant to state law- claims against
the City and County of Honolulu and the other counties (eg. for
accidents at County swimming pools or due to the conduct
of County employees) are
generally subject to a 6 month deadline-
which means immediate action is often required.
Other claims in the ocean for drowning, diving or swimming
personal injury or death may fall under federal maritime law
which generally has a three (3) year statute of limitations.
46 USC Appendix section 763a. Even under federal law, however,
the deadline may be different from claim to claim. Claims against the United
States, for example, have a two (2) year statute of limitations
46 U.S.C. section 741, 781. In short it is best to promptly
investigate and assert any claim which you think you may
have- and to obtain competent legal assistance immediately in determining any
filing deadlines which may apply. 
Photos and videos of relevant conditions -the inside and the
outside of the vessels, the waves or ocean conditions, the reefs, sandbars, signs,
buoys and channels, any other dangers giving rise to the accident, the activities
being carried on in the area of the accident, etc.- the dive equipment, surfboard,
bodyboard or other equipment involved, the area where the injuries and damages
were sustained and the injuries and damages themselves may prove invaluable in
proving up an accident claim to a claims adjuster, a judge or a jury. Photographic
or video documentation of the accident should be done as soon as possible.
We here at Hawaii Injury Lawyer | Attorney generally provide a high level of this type of
assistance for cases in which we are retained. 
In spite of the Federal Courts' so-called "exclusive
jurisdiction" over admiralty claims, most drowning, diving or swimming
accidents have one or more causes of action which can be
brought under state law. Often state law is the quickest and most promising
avenue for recovery. Sometimes there is more than one state
where the action can be brought (and occasionally more than
one country).
Selecting the correct forum in which to pursue
this type of claim can be very important. 