Leavitt Yamane & Soldner

Honolulu Accidents Rock the Boat on Safety of Local Parasailing

In the last year, two serious accidents in the waters off Oahu have put the local parasailing industry in hot water. Popular amongst visitors from around the world who visit Hawaii to take in the islands’ world-famous waters, the popular aquatic sport allows a person to be towed behind a vehicle – typically a boat – and glide in the air attached to a parachute-like contraption.

Last month two visitors from Palm Springs, California were seriously injured when their parasailing safety equipment malfunctioned off Oahu’s south shore. Accounts from first responders claim that the two men were being reeled in after a morning parasailing with Xtreme Parasailing when they were dragged in the water an estimated 1,000 feet before employees were able to bring them on board. The 68-year-old man involved in the incident died from his injuries a few days later.

While the Coast Guard is responsible for checking the safety of the vessels and their licensing, there are currently no regulations on place for parasailing equipment. The Coast Guard is in the process of investigating the accident and depending on the outcome, the company and boat captain could be found responsible and punished.

According to the Coast Guard there are voluntary safety regulations for parasailing companies, such as those shared by the Professional Association of Parasailing Operations and the Water Sporting Industry Association.

In May 2011, another “freak” accident off Kewalo Basin sent three visitors to hospital. A family from Utah – including a 32-year woman, her husband and eight-year-old daughter – were on a parasail when the line snapped. All three were dragged underwater for a short period of time by the parasail’s chute and the woman was taken to a nearby hospital.

The company operating the parasail, Hawaiian Parasailing, said that the line was less than one month old when it broke, and that the nature of the accident and failure of the safety line was unusual. In this case, the company offered to cover all medical bills, so the family did not intend to sue.

While many companies never experience an accident, parasailing is a dangerous sport. According to the Parasail Safety Council, the most common parasail accidents are caused by tow line separation from the boat, equipment failure, high speed water and deck landings, canopy rotation, line popping and whiplash.

Some tips to consider before going parasailing include:

• Equip yourself with information on what type of equipment is used in parasailing so that you can examine the equipment provided by the company and determine whether it is in proper working condition and not old or outdated.
• Prior to selecting a parasailing company, do some research to determine how long they’ve been in business and whether they’ve been previously involved in any accidents or issues.
• Plan on meeting with the staff beforehand to establish the team’s level of professionalism. You want to choose a company whose employees have you and your group’s safety as their top priority.
• Keep a close eye on the weather conditions before setting out. If the weather is windy or rainy you should postpone plans until the weather clears.
• If you’re not a strong swimmer ask to be fitted with a life jacket. In the event that you are thrown into the water, you’ll need this to help stay afloat until you can get pulled to safety.
• Ask lots of questions and pay close attention during the informational briefing prior to setting out. Know exactly what you need to do in the case of an emergency and the hand gestures that are required to signal an emergency.

Toyota Under Investigation for Car Fires

Toyota is taking some heat as federal safety groups investigate reports of fires in the driver’s side doors of the company’s 2007 Toyota Camry sedans and RAV-4 crossover SUVs. According to the National Highway Traffic Safety Administration (NHTSA), as many as 830,000 vehicles could be affected, though an official recall has yet to be issued.

Accounts claim that fires have started in the power window switch, located in vehicles’ drive side doors. The NHTSA launched an investigation on February 6, 2012 after six incidents were reported – one in which the entire vehicle was consumed in flames. There are no reports of any injuries as a result of the fires.

The investigation has the potential for significant repercussions for the automaker since the Camry has remained one of the top-selling cars in the U.S. and the company’s RAV-4 is a popular model. In December, the 2012 Camry received a five-star safety rating from the National Highway Traffic Safety Administration, the agency’s top rating.

The current investigation also includes Toyota’s Solara – a coupe version of the Camry. Toyota is currently the top-selling automobile in Hawaii according to the Hawaii Automobile Dealers.

In a statement, Toyota has said that it is cooperating with NHTSA in the investigation and that concerned customers should call Toyota at 800-331-4331.

Over the last three years, Toyota’s reputation has come under fire due to a large string of recalls that include more than 14 million vehicles worldwide. Most recently, in November 2011, Toyota issued a voluntary recall for the company’s V6 models which had a faulty crankshaft pulley. The recall affected an estimated 283,200 Toyota and 137,000 Lexus vehicles nationwide.  For more information on this recall, read our article http://www.lyslaw.com/2011/11/toyota-recalls-420000-us-cars/.

Snapping on a Helmet Saves Lives

Hawaii’s year-round balmy weather, make it the perfect setting for motorcycle enthusiasts. And while the setting may be perfect for riding off into the sunset, the dangers of motorcycle riding have been underscored by several tragic deaths in recent years.

Just a few months ago in October 2011, two motorcyclists on Oahu were killed in separate, unrelated incidents within a two-hour period. Neither rider was wearing a helmet at the time of accident, and police determined that speed was a factor in both crashes.

In Hawaii, motorcycle riders under the age of 18 and mo-ped and bicycle riders under the age of 15 are required to wear a helmet by law. According to the Hawaii Department of Transportation (DOT), political resistance has quashed ongoing attempts to establish a mandatory helmet law for adults.

A recent federal study shows that people who did not wear a helmet when operating a motorcycle or mo-ped were 40 percent more likely to suffer a fatal head injury and that safety helmets reduce the likelihood of a crash fatality by 37 percent.

According to the DOT, in 2011 there were more than 21 motorcycle-related deaths – an increase from 20 deaths in 2010. Hawaii saw 30 motorcycle fatalities in 2009, 22 in 2008 and 27 in 2007.

In motorcycle accidents, the consequence of not wearing a helmet does not just affect the rider and his or her family and friends – the community also pays a high cost. Here in Hawaii the death toll among riders who did not wear helmets is a staggering 200 percent greater than that of helmeted riders.* This means that over the last five years, incidents involving motorcyclists not wearing a helmet has cost island taxpayers $1.9 million a year.

Some tips that the Hawaii Department of Transportation offers motorcyclists to stay safe on the road include:

• Receive proper training and become licensed. All new riders should enroll in a basic rider coursed.
• Always wear protective gear such as a HDOT-compliant helmet, eye protection, boots, long pants and a riding jacket.
• Do not ride while under the influence of alcohol or drugs.
• Know and ride within your own skill limits and follow all traffic laws.

*Information provided by Queen’s Medical Center

When Bungees Break

To some, it’s an idea of a good time. Leaping into the air and free falling hundreds of feet tethered to a rubber-band-like rope above a river full of snapping crocodiles. It’s all fun and games — until the rope breaks.

And that is exactly what happened to Australian native, Erin Langworthy when she decided to take the plunge on New Year’s Eve and bungee jump from the Victoria Falls Bridge, which spans the border between Zambia and Zimbabwe. A video clip circulating the internet (http://www.smh.com.au/travel/travel-incidents/aussie-plunges-into-crocinfested-waters-after-bungy-cord-snaps-20120109-1pqlk.html) shows Langworthy’s cord snapping and shooting her 111 meters into the Zambezi River below.

Miraculously she survived (even with her feet still bound together and attached to the cord) and managed to out-maneuver the hungry crocs and rapid currents and pull herself to shore, suffering only bruises and a broken collarbone.

But accidents like these are not uncommon. In 2009 Mark Afforde was on his second bungee jump of the day, plummeting 200-feet above Canyon Creek Bridge near Yacolt, Washington, when his cord snapped. Fortunately, Afforde suffered just minor injuries and was able to walk to shore where he was taken to a nearby hospital.

While the scenarios for a bungee cord accident can vary, all are very traumatic. Bungee jumping is an extreme activity, which means that extreme care needs to be taken when attempting a bungee jump. Many different types of serious injuries, including broken bones, and even death, are possible if certain precautions are not taken. For this reason, many states now have regulated laws in place to help increase the safety of bungee jumping.

Some things to consider before taking the leap:

• Remember that state laws – in regards to bungee jumping — are not all the same. What is legal in one state may be illegal in another.
• Many states have a “fixed position law” which requires that the bungee cord be attached to a stationary object. In some states however, it is legal to jump from a moving platform, such as a helicopter or a hot-air-balloon.
• Prepare for landing. Many incidents where bungee cords have broken, and jumpers have survived, have taken place over water (such as a river or lake). Some states have regulated that jumps can only take place over inflated air bags. Even if it is not a law in your specific area, jumping over an inflated air bag is always a recommended safety precaution.
• Helmets are mandatory, no matter what state you are jumping in. The most important piece of equipment is the bungee cord itself. States have guidelines on how old a bungee cord can be and how much weight can be supported by each cord. These questions should be asked to the bungee jumping company prior to attempting a jump.
• When bungee jumping, it is wise to use a company that is fully sanctioned and cleared to operate. Ask to see the companies license and their individual safety requirements before attempting a jump.

A Trip to Paradise Can Carry Hidden Hazards

For many, Hawaii — with its warm waters, gentle weather, unforgettable beaches and aloha spirit — is a top travel destination. But while the island’s superb scenery is a leading attraction for travelers across the globe, their natural, untapped beauty also conceals countless unknown dangers, which can leave vacationers with more than just a stinging sunburn.

In Hawaii, drowning is the leading cause of accidental death, making water safety one of the foremost areas of concern for tourists. In the past year alone, there have been several high-profile drowning incidents where guests were caught unaware and paid the ultimate price.

When on vacation, many travelers turn to guidebooks for recommendations on popular local hotspots. In the past five years, Kipu Falls, a popular swimming hole on Kauai, has claimed the lives of five travelers. The destination, which was frequently featured in Hawaii travel guides until the past few years claimed its most recent victim in June when a 35-year-old from Irvine, California drowned. In most incidents at Kipu Falls, swimmers jumping from the top of the waterfall into the waters 20 feet below were drowned, held underwater by a powerful whirlpool current. Within the last year, visitors have suffered so many injuries at the destination – including chest injuries, rope burns, perforated eardrums as well as broken bones and sprains – that the Kauai Visitors Bureau launched a campaign encouraging guidebooks and travel writers to remove the swimming pool as a visitor destination and asking hotel concierges to discourage visits to the pool.

Another popular draw for visitors is of course, the islands’ scenic shoreline. One of the oceans more powerful attractions, blowholes, are striking to view up close, but have proved fatal when not approached with caution. In July of this year, a 44-year-old visitor from Northern California drowned when he was sucked into the geyser-like spout and disappeared into the ocean at Nakalele Point on Maui. The victim’s fiancé filed a complaint that there should have been warning signs posted to make visitors aware of the danger, however since the blowhole was on private property, property owners were not required to put up signs. The last incident involving a fatality at a blowhole in Hawaii was in 2002 when an 18-year-old from California fell into the Halona blowhole on Oahu and drowned.

Before planning your itinerary and heading out for a day of sightseeing and activities, take care to remember these precautions recommended by TripAdvisor to keep you and your ohana safe.

• Always swim with a partner and let others in your group know where you will be swimming and when you can be expected to return.
• Be aware of changes in the weather. If there are any signs of a storm nearing, get out of the water immediately.
• Do your research on what animals live in the water. Jellyfish and Man-of-War both have been known to cause severe stings and allergic reactions. Visitors who think they may have been stung should get out of the water immediately and seek medical attention.
• Never swim out further than you can swim back.
• Swimmers who get caught in an undertow should remember that it’s important to not panic. Allow yourself to move with the flow of the water and then swim free, towards shore, when the undertow decreases.
• Never turn your back to the ocean.

Photo courtesy Hawaii Photos

How to Safely Put the Spark in 2012

Hawaii residents have many beloved holiday traditions. We visit Honolulu Hale before Christmas and flock by the thousands to Ala Moana Beach Park to watch the annual Fourth of July fireworks display. And in addition to pounding mochi and eating ozoni (traditional Japanese soup) every New Year’s, each year kamaaina blanket the city sky with smoke, setting off fireworks by the trunk-load.

To ring in 2011 and the last year before a consumer fireworks ban took effect on January 2, Oahu residents lit up the night’s sky — first responders were called to 36 fires and at least five injuries which were believed to have been fireworks-related. The most serious injury took place when an aerial firework exploded in a man’s hand, leaving him in critical condition.

Earlier this year, the new island-wide fireworks ordinance put heavy restrictions on aerials and pyrotechnics – including fountains, sparklers, sprinklers and other consumer fireworks. The 2012 New Year will be the first New Year celebration where the law will be in effect, which aims at cutting the number of fireworks-related injuries, reducing asthma attacks as well as other air quality-related health issues and decreasing the litter resulting from fireworks debris.

This year, fireworks permits are available for purchase for $25 through the Honolulu Fire Department (HFD) and at Satellite City Halls, allowing residents ages 18 years and older to set off up to 5,000 firecrackers. Even with the permit however, fireworks can only be set off on designated holidays including New Year’s Eve, Chinese New Year, Fourth of July and other cultural events approved by the HFD on a case-by-case basis. If you have questions or concerns about Oahu’s new fireworks law, contact the Honolulu Fire Department’s Fire Prevention Bureau at (808) 723-7162.

This year, before gathering round the driveway with family and friends, remember some of the safety tips offered by the Honolulu Fire Department regarding the use of fireworks:

• Use only approved fireworks from a licensed retail outlet that has posted their retail permit at their selling site.
• Always read and follow all warnings and instructions listed by the manufacturer for the safe use and handling of fireworks.
• Ensure that other people are out of range before lighting fireworks. Only light fireworks on a smooth, flat surface away from the house, dry leaves, and flammable materials.
• Have a garden hose or a bucket of water ready in case of a fire.
• Children should only use fireworks under the direct supervision of an adult. Even sparklers can be dangerous to small children.

We hope that you and your family have a fun, festive and above all, safe holiday season. On behalf Leavitt Yamane & Soldner and our families, we wish you and yours Hau‘oli Makahiki Hou (Happy New Year).

Make Avoiding Pedestrian Accidents a Walk in the Park

With the state’s balmy weather and the close proximity of shopping and dining for many residents, Hawaii should be a pedestrian’s paradise.

But in 2009 there were 109 traffic-related fatalities in Hawaii with pedestrian accidents coming in third only to passenger and motorcycle crashes. To help raise awareness for this increasingly pressing issue, in August of this year, Lieutenant Governor Brian Schatz proclaimed the month “Pedestrian Safety Month” – currently the only statewide pedestrian safety month in the country.

The sad truth is that unfortunately pedestrian incidents happen too frequently in Hawaii. On November 21 a 19-year-old Hawaii Pacific University student was struck and killed crossing Kamehameha Highway heading to her campus dorm. The incident took place after dark, on a notoriously dangerous portion of the highway, where just two years earlier another HPU student was injured in the same spot. In response to concerns, last month, the state installed solar flashing lights at this crosswalk which alert approaching drivers that someone is crossing.

And just two days later, on November 23, a female pedestrian was critically injured while crossing North School Street in Kalihi.  The 49-year-old woman was in a marked crosswalk when she was struck by a four-door sedan driven by a police sergeant on the way to work. The woman was wearing dark clothing and the street light above the crosswalk was not functioning at the time of the incident.

To help keep our island’s roads safe for drivers and pedestrians alike, Hawaii’s Department of Transportation’s Walk Wise Hawaii program offers the following pedestrian safety tips:

• Always cross at a crosswalk or at the corner.
• Look for oncoming vehicles before stepping down from sidewalk.
• When possible, establish eye contact with drivers and continue looking left-right-left while crossing.
• Remember that oncoming vehicles may approach quicker than anticipated.
• Make sure you are seen: wear bright or light colored clothing and use retro-reflective materials when dark outside.

And for drivers, follow these recommendations to help keep everyone in – and around – your car safe:

• Stay focused and alert for sudden pedestrian movement in your car’s direction when driving.
• Remember that pedestrians crossing multi-lane streets may be hidden from your view by a stopped car until they cross in front of you.
• Be extra vigilant when it is dark outside as most pedestrians fatalities occur at dawn or dusk.
• Anticipate crossing difficulties by seniors to help prevent senseless accidents.

If you’ve been involved in pedestrian accident, let the Hawaii pedestrian accident lawyers at our firm help you with your case and ensure that you don’t have to face the insurance companies on your own.

More than Just Fun and Games, Dangerous Toys Are an Unwanted Holiday Surprise

As shoppers head out to find the perfect gift for the keiki on their Christmas list they should be aware of toys that could pose a danger to youngsters – whether from poor design, dangerous parts or inadequate warnings — and dash the holly and jolly from the holidays.

In 2010 there were 17 toy-related deaths involving children younger than 15 years old – a majority which were attributed to choking (such as on balloons or small toys or parts). Nationwide, toys were also the cause of an estimated 181,500 estimated emergency visits amongst children 15 years or younger.

The U.S. Consumer Product Safety Commission (CPSC) announced 34 toy recalls during the 2011 fiscal year –a decrease from 46 toys recalled in 2010 and 50 recalled in 2009. Of the 34 recalls, four were from lead, which research has shown exposure has been repeatedly linked with IQ deficits, ADHD and low motor skills in children. Additionally, contact with phthalates (a compound used in plastic) has been tied to birth defects, premature delivery as well as other serious reproductive issues. Currently products on the market are only allowed to have 100 parts-per-million of lead and less than 1000 parts-per-million of phthalate — though there are still products on the market with more.

In addition to dangerous compounds found in toys, there are a number of other dangers which could potentially lurk in a child’s toy chest. So before checking off all the names on your gift list, be sure to check out some of the most unsafe toys to make sure everyone in the family has a very Mele Kalikimaka:

• Sword Fighting Jack Sparrow: A figurine from the popular Pirates of the Caribbean movie series is available at Toys R Us and other retailers. However, the pirates 4.5 inch, rigid plastic sword can potentially poke children in the eye or lead to other impact injuries.

•  The Incredible Shrinky Dinks Maker: Retailing for $29.99 at various stores including Kmart, the Incredible Shrinky Dinks Maker’s oven employs a 120-volt house current and 60-watt light bulb which can lead to electric shock amongst other serious injuries.

• Power Rangers Samurai Mega Blade: Available for sale at a number of outlets including Toys R Us, Kmart.com and Walmart.com, the toy’s blade which extends up to two feet, has the power to cause serious facial and other bodily injuries.

And in general, when shopping this holiday season the CPSC recommends considering the following safety steps when purchasing and playing with toys:

• Avoid small toys or toys with small parts. Keep these away from children age three or younger, who have a tendency to put objects in their mouth and can choke.
• Use safety gear. When riding toys such as skateboards, scooters or skates always wear a helmet and other safety gear at all times.
• Keep away from magnets: Children under age six should not be allowed to play with small magnets, which if swallowed can lead to serious injury or even death.
• Sharing isn’t always caring. Keep toys for older children away from their younger siblings – they may be dangerous and inappropriate for play for kids of that age.
• Batteries aren’t toys. Charging or replacing batteries should always be supervised by adults. Pay close attention to instructions and warnings on battery changers to avoid burns and overcharging.

For a complete list of the World Against Toys Causing Harm Inc.’s (WATCH) 2011 “10 Most Dangerous Toys” please visit:http://toysafety.org/worstToyList_index.shtml.

How to Keep the Holidays Holly and Jolly: Common Injuries to Avoid

Each year the holidays herald delicious tidings of holiday parties, festive decorations, Christmas carols, exchanging gifts – and most importantly, time with family.

But the most festive time of the year can also be one of the most dangerous. In addition to hours with the in-laws and gravy burns, revelers should also beware of safety issues – such as dangerous driving conditions, shopping mall mishaps and more.

So before decking the halls, protect yourself and your loved ones by checking your list twice and make sure that you’ve done everything to avoid these common holiday injuries:

Shopping Scares: During the holidays malls are buzzing with busy shoppers anxious to scoop up great deals and cross all the names off their list. But with all the hustle and bustle, spilled milk (or hot chocolate) as well as dropped clothing or products can easily go unnoticed and lead to a broken bone or other serious injury. While these types of incidents are the most common cause of shopping injuries, malls and individual stores can also be responsible for other injuries that shoppers may incur as a result of inadequate security. To avoid a potential mall mishap, avoid shopping during peak periods such as Black Friday or the day before or after Christmas.

Dangerous Décor: What would the holidays be without a bouquet of holly, tree full of ornaments and twinkly lights sparkling from every eve? While these festive feasts for the eyes are a favorite part of the holidays for many, holiday-decorating related falls are one of the leading causes of holiday injuries, accounting for 17,465 hospital visits each year, according to the Centers for Disease Control and Prevention. This year, skip the ER visit and use a stepping stool instead of furniture when hanging lights or decorations and always take safety measures before stepping onto a ladder – making sure that you have someone on hand to hold it in place.

A Season for Fire Safety: Each year, the National Fire Protection Association reports that Christmas tree fires cause an estimated 12 deaths, 24 injuries and millions of dollars in property damage. Prevent your scented shrub from becoming a safety hazard by picking a fresh tree (test that it is still sticky to the touch and that its branches are pliable and don’t snap), watering it regularly once it’s in your home and removing it immediately after the holidays.

Risky Roads:  Inclement weather and a few too many drinks at the company holiday party combine to make the last three months of the year the most dangerous for drivers. With people driving more frequently and over greater distances to spend the holidays with family the Thanksgiving weekend regularly sees an average of 35 vehicle-related deaths and more than 2,300 injuries.* So before heading over the river and through the woods, make sure that you’re doing everything you can to get there as safely as possible by buckling up, identifying a designated driver and installing the proper tires for icy road conditions.

*Statistics courtesy the National Highway Traffic Safety Administration.

Light Up the Holidays with a Christmas Tree that Sparkles Safely

The turkey feast has been devoured and with Thanksgiving now behind us many Hawaii residents are gearing up for a balmy holiday season in paradise. In Hawaii we can’t dash through the snow in a one-horse open sleigh – but we can take advantage of other holiday traditions.

And nothing heralds in the holidays like the twinkle of lights, your favorite ornaments and the well-loved scent of a Christmas tree in the home – and nothing can ruin the lighthearted festivities faster than someone getting hurt by your favorite holiday arrangement. To help you keep your loved ones safe during this joyous season, here are a few tips and suggestions on trimming the perfect Christmas tree:

Select a tree that’s fire retardant. The Honolulu Fire Department encourages residents to consider purchasing an artificial, fire-retardant tree. However, if you are committed to purchasing a live tree you should look for fresh, green trees with branches that are difficult to bend and which does not easily lose needles. A fresh tree will also be sticky to the touch.

Spend the time to make sure your tree is stable and set up properly. The National Christmas Tree Association strongly discourages cutting or whittling the trunk of the tree to fit the stand which makes it more unstable. It’s also helpful to have one or more people assisting as you set up the tree – you can get the whole ohana involved! – to help make sure that the tree is straight in the stand before screwing or clamping it into place. If using a more “old fashioned” tree stand with screws, you might also consider weighting your tree or even tethering it to the wall or ceiling to further ensure that it can’t tip or fall.

Keep your tree green. According to the National Fire Protection Association (NFPA) an estimated 0.12% of all residential fires over the year involve a Christmas tree (either real or artificial). When you bring your tree home, wash it down and leave it outside the house until you’re ready to decorate it. Cut one inch off the trunk to allow it to more easily absorb water and check the water level daily to ensure that it always has fresh water — a six foot tree will drink in about half a gallon of water every day. To help keep it fresher longer you can use a commercial preservative which can be mixed into the water or create your own homemade blend with one capful of bleach to every cup of water.

Decorate with design. Before decking your trees boughs with holly (and your favorite lights and ornaments) think about where you place the tree, being careful to avoid heat sources such as a fireplace or heat vent and not to block exits and doors in the event of a fire. Be sure to inspect all holiday light wiring for defects or frays and read instructions carefully (indoor lights should only be used on the interior of homes and the same for exterior lighting). Also be careful not to overload extension cords which could cause them to overheat and start a fire.

Once the jingle bells have rung and presents have been open – throw the tree out. It is never a good idea to experiment burning your tree to get rid of it. A dry Christmas tree can be consumed in fire in less than 10 seconds with 30 foot high flames and enough smoke to fill a large room. Once the holiday is over, remove all the lights and ornaments and discard it promptly outside and away from the house. The best way to dispose of your tree is by taking it to a recycling center or having it hauled away.