Personal Injury

The civil trial lawyers at Poelman & Langa, Attorneys at Law, represent victims of personal injuries and wrongful death in Wailuku and throughout the island of Maui.  A person who is harmed due to the negligence or wrongful acts of another party may bring an action to recover compensation for the damages caused.  Generally, in order to prevail in a negligence lawsuit the plaintiff must prove that:

• the defendant owed a duty of care to the plaintiff
• the defendant breached that duty
• the plaintiff was injured
• the breach was the factual and legal cause of the plaintiff's injuries 

Damages recoverable by the plaintiff include medical expenses, lost wages, and compensation for pain and suffering.  In certain cases, punitive damages or attorney's fees may also be recoverable.

Wrongful Death

When someone dies due to the negligence of another party, family members may bring a wrongful death lawsuit against the person or entity responsible.  Recoverable damages are not those suffered by the decedent, but rather those experienced by the family members bringing the lawsuit, such as funeral expenses, loss of future earnings and gifts, and non-economic damages such as loss of companionship.

Defenses

A traditional liability defense states that the plaintiff's own negligence contributed to the accident or injury, thereby barring him or her from recovering for damages.  In many jurisdictions, this harsh doctrine of contributory negligence has been replaced by a form of comparative negligence.  Under Hawaii's doctrine of modified comparative negligence, a plaintiff can recover against a defendant even if the plaintiff was partially responsible for the accident or injury, as long as the plaintiff is not more responsible than the defendant(s).  Regardless, the plaintiff's recovery will be reduced by the percentage that he or she was responsible for the accident. 

Another traditional defense to negligence is known as assumption of risk.  Many activities popular in Hawaii, from horseback riding to scuba diving to helicopter tours, contain elements of risk of injury or even death to the participants.  Assumption of the risk may be implied, or express, by having the participant sign a consent form, waiver or release from liability before participating in the activity.  However, even given the existence of express documents, certain negligent or reckless behavior by the defendant may still fall outside the scope of any consent or waiver.

Premises Liability

Premises liability in Hawaii states that a property owner who knows or should know of an unreasonable risk of harm on the property owes a duty to either take reasonable steps to eliminate the risk or to warn people of that risk.  Failure to do so can leave the property owner liable, should an individual suffer an injury while on their premises.  Traditionally, the scope of liability of property owners to persons injured on their property depended upon the status of the injured person as an invitee, licensee, or trespasser.  However, many modern jurisdictions, including Hawaii, have abolished this distinction, and generally treat all injured persons the same with respect to the liability of the landowner. 

If you have been injured, or a loved one has died due to the negligence or wrongful acts of another party, contact the law office of Poelman & Langa, Attorneys at Law, for a consultation regarding your rights under the law.