The deadline for filing most construction accident claims in court in Hawaii is two (2) years from the date when the victim was exposed to the danger AND the injuries resulted therefrom. Some statutes appear to indicate that there is also a maximum limit of six (6) years from the date of the alleged negligence in which to file a professional malpractice claim against an architect, a structural engineer, etc.
A construction accident claim may arise in a number of different ways. One contractor may conduct its business in a dangerous or negligent fashion giving rise to injuries to others such as a property owner or the employees of a different contractor. (Under Hawaii law if the contractor’s employees themselves are injured, this would generally give rise to a workers’ compensation claim and not an independent construction accident claim.) A property owner may fail to warn of dangerous conditions on its property and this may cause an employee of a contractor to be injured. A contractor may be using equipment which is dangerous or defective and which causes injury to a worker or to a property owner.
Examples of Construction Accident Claims
Some examples of construction accident claims are:
- Dangerous construction equipment having inadequate safety devices or warnings
- Cave ins, sink holes, collapsing excavations, etc.
- Falls due to failures to barricade or warn
- A property owner’s failure to warn of known dangerous conditions on the property
- A structure which collapses
- Injuries to the employees of one contractor caused by the activities of a different contractor