- A claim arising out of a fall from elevation, a slip and fall, a trip and fall or another similar accident resulting from a dangerous condition on property is generally subject to a two year statute of limitations in Hawaii. It should be noted, however, that there are exceptions to this rule. Claims against design professionals probably only have a total of six (6) years from the date when the design work was done – regardless of when the accident occurred. There are some other exceptions which may shorten the time and other exceptions which may provide some additional time in certain cases.
- In Hawaii the owner or occupant of real property is required to take reasonable steps to eliminate any unreasonable risk 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 click here.
- Some examples of dangerous conditions for which liability has been imposed are:
Dangerous and unmarked ditches or culverts
Improperly maintained hoisting equipment or scaffolding
Slippery walking surfaces
Defects, holes or obstructions in walking surfaces
Defective railings and balconies
Stairs and steep drop-offs without proper safeguards