Injured in a Bungee Jumping Accident?
While bungee jumping is not a tightly regulated activity in Hawaii, the
law does impose certain requirements on jump operators to ensure a minimum
level of safety. If safety rules are broken or if a jump operator runs
a dangerous operation and you get hurt, you may have a legal right to
compensation. But determining whether you have a case can be very complicated.
Leavitt Yamane & Soldner offers free consultations to victims of bungee
Our attorneys can explain Hawaii bungee jumping laws, assist in determining
whether you may have a claim, and answer questions, such as:
- What are the Hawaii laws that regulate bungee jumping?
- How do Hawaii bungee jumping laws affect my right to compensation after
- How can a personal injury lawyer help with my case?
Hawaii's Bungee Jumping Laws
Hawaii law requires that bungee jump operators obtain annual permits and
have their equipment inspected for safety. The law also imposes certain
limitations on bungee jumping off of bridges in Zone 5 of the national
forest. Outside of these limited restrictions, there are no other specific
laws that regulate jump operations. However, like all operators of facilities
and activities that the public participates in, bungee jump operators
are expected to exercise reasonable care.
If a jump operation is in violation of safety laws on permitting and inspection,
or violates the duty of care that it owes to patrons, the jump operation
may be held legally liable for personal injury accidents during a jump.
Compensation for Injuries in a Bungee Jumping Accident
Personal injury laws apply to bungee jumping accidents. An injured person
who wishes to recover compensation after an accident must prove that the
jump operator violated the duty to exercise reasonable care and that this
violation was a direct cause of the accident and the resulting injuries.
When an individual or a company violates a safety law, such as the Hawaii
law on annual inspections and permitting for jump operators, this violation
may create a presumption of negligence. For example, if a victim was injured
as a direct result of a jumping company's failure to complete required
regular inspections, the victim may not have to specifically prove the
company was negligent.
If no violation of Hawaii's bungee jumping rules occurred, the victim
must prove that:
- The policies and practices of the bungee jumping facility were substandard
- That no reasonable operator would have allowed a jump under such conditions.
Another legal concept may have a major effect on the right to compensation
after a jumping accident. This law deals with assumption of risk. Defendants
may argue that plaintiffs can't recover money for a bungee jumping
accident because bungee jumping is inherently dangerous and that people
who jump are aware of this. The jump operation probably had forms that
you signed to release them from liability. These are sure to be used by
the defense when you make your claim.
Assumption of risk, however, doesn't automatically mean you can never
sue after an accident. If a bungee jump operator violated safety laws,
let you jump in unsafe weather, let you jump in a dangerous area or otherwise
did something that no reasonable operator would have done, you may pursue
a claim for compensation even if you signed a waiver.
Our Hawaii Personal Injury Lawyers Can Help
If you have been hurt while bungee jumping in Hawaii, you need a knowledgeable,
experienced and caring legal advocate on your side to help you get the
money you deserve. At Leavitt Yamane & Soldner, we have extensive
experience representing both locals and tourists who got hurt in accidents.
to learn more about how we can use our decades of legal experience to help you.