Most Hawaii hotel owners likely do everything they can in order to avoid their guests being injured. Unfortunately, accidents happen – in hotel rooms, in hotel restaurants and especially by the hotel pool. While anyone can be injured at a hotel or resort, it’s grandpa and junior that may be more likely to get hurt.
This threesome generally doesn’t work out so well – for many reasons. Hotels and resorts often have many hidden dangers, such as poorly lit stairwells, slick or sandy lobby floors, high balconies, poorly labeled pool depth markers, a lack of pool supervision, strong ocean currents in front of many of Hawaii’s hotels and much more. These dangers, accompanied with the lack of familiarity of one’s surroundings and an overcrowded facility, can be especially dangerous to the very old and the very young.
It’s that “until it’s too late” part that is an issue for everyone involved.
The answer is – it depends. Let’s take the example of a shiny, slippery lobby floor. If a hotel (owner, manager or employee) knew – or should have known – that the floor was wet, but did not act reasonably by mopping it up quickly or putting a “wet floor” sign out, and a guest is injured, then the hotel may be liable under premises liability law in Hawaii. Conversely, if Grandpa lets Junior run at full speed through the lobby while barefoot and Junior crashes into the “wet floor” sign and injures himself, then the hotel would not likely be liable.
Unfortunately, it’s those “in between” situations that are most likely to occur. As we all know, most injuries aren’t simple and generally involve a situation in which a hotel employee was “just going to get a mop” to clean the floor, Grandpa let Junior walk a bit too briskly through the lobby to the get to the beach and another guest spilled a bucket of sand in the area at about the same time. Unfortunate and complicated? Yes.
Premises liability involves an accident that occurs due to negligent maintenance or unsafe and dangerous conditions that are found on property owned by someone other than the injured party. Property owners and business establishments who invite others to come onto their property have a higher responsibility to provide their visitors and patrons with a safe environment and clear warnings of potential hazards, such as:
A Hawaii premises liability attorney will look at the facts and circumstances surrounding the personal injury or wrongful death, including the actions – or in-actions – of every party involved.