Hawaii Injury Lawyer | Attorney- Recreation, Recreational Accidents
   
Hawaii Injury Lawyer | Attorney- recreation, recreational

Hawaii Injury Lawyer
Recreation Accident Attorney Wm Lawson

William Lawson- Accident Attorney Hawaii
 
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Recent Personal Injury and Car Accident News and Cases related to Hawaii

The Arizona Court of Appeals issued a published decision on 4-21-09, William Ritchie et al. v. Scott Krasner, MD, No. 1 CA-CV 08-0099, holdling that a defense medical examiner has a duty of reasonable care to a claimant examined for a workers' compensation claim. In this med mal wrongful death case the DME was held negligent and liable for 28.5% of the award for telling the claimant that he did not need any further treatment and could RTW without restrictions when actually the claimant needed immediate cervical spinal surgery. The 8 month delay in the surgery resulting from the doctor's false opinion caused damage to the spinal cord. The claimant developed chronic pain syndrome and died 4 years later from a medication overdose. The Court upheld the liability of the doctor for the CPS and for the death as well. Hopefully Hawaii will soon follow suit and hold these"insurance company doctors" responsible for their opinions.

 

 

 

Recreational Accidents

Hawaii Injury Lawyer | Attorney- Deadlines Deadlines for filing a Recreational Accident claim in Hawaii

A claim arising out of a recreational accident may be subject to the two-year statute of limitations in Hawaii in some situations. It should be noted, however, that there are exceptions to this rule- for example, claims against the City and County of Honolulu and the various other Counties must be filed with the appropriate agency within six (6) months of the date of the accident. You must file your claims in court prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you contact an attorney right away after an accident giving rise to injuries occurs. Please do not hesitate to :

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Brief overview of Recreational Accident claims- in Hawaii

Recreation accidents in Hawaii occur in a large number of different activities. Recreational and entertainment activities here seem only to be limited by the bounds of human imagination. A few of the more challenging activities include surfing, body boarding (bodyboarding), body surfing (bodysurfing) and riding all kinds of things- dirtbikes, horses, jetskis (jet skis), ATVs, etc. Then there are amusement park rides like roller coasters, parasailing, paragliding, gliding, parachuting, bungee jumping, mud sliding, hiking, trail riding, and the like. People here are sometimes even injured doing the more mundane things like playing tourist, sightseeing (siteseeing), going to our scenic lookouts, walking around Diamond Head, shopping and the like.

Some recreational accidents in Hawaii involve an injury received because of a dangerous condition on property. Many of these accidents are now suhject to Hawaii's recreational use statute which shields many landowners from liability for accidents occurring on their property. Business that are involved in recreational activities (and which charge for their services and property use) generally are not able to take advantage of this shield from liability. Such an owner or occupant of real property are required to take reasonable steps to eliminate any unreasonable risk Hawaii Injury Lawyer | Attorney- Watch Your Step of harm posed by the property to people who may come onto it. Depending upon the situation this may be done either by correcting a dangerous condition or by warning about it. The owner or occupant is responsible for conditions known about and which should have been known about. If you wish to find out more about Premises Liability law in the State of Hawaii, please review the Brief Overview set forth on the Fall/Slip/Trip page.

Other recreational activity injuries occur as a result of swimming, diving, surfing, body-boarding or otherwise using the ocean. We have a particular interest in certain types of leashes used on bodyboards (body boards), like the Morey boogieboards, which have inflexible leashes that pose dangers to the user. For these and other swimming, diving, surfing and body-boarding accident claims claims, please contact us. You may wish to review further information provided about the deadlines to file such claims on our page on Drowning/Diving/Swimming accidents.

 

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Hawaii Injury Lawyer | Attorney

William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

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The Constitution Of The State Of Hawaii

Section Titles Preamble Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Effective Date


Jones Act- maritime law and seaman cases

STATUTE'S LANGUAGE
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
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