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 jumping accidents.
Our attorneys can explain Hawaii bungee jumping laws, assist in determining whether you may have a claim, and answer questions, such as:
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.
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:
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.
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.
