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Wondering if you have a good premises liability case?

Wondering if you have a good premises liability case?

February 18, 2015

If you were injured in Hawaii on public, private, government, or commercial property, you may be wondering if you have a good premises liability case. Many injury accidents take place in hotels and resorts, and visitors to Hawaii may require immediate assistance.

First, to file a lawsuit in Hawaii, your lawyer must be admitted to practice in the state. If you are a tourist visiting Hawaii, it is important that you get legal representation from a local firm. You can connect with Hawaii’s trusted personal injury law firm, Leavitt, Yamane & Soldner, by phone, email, or live chat. Let us help you get your questions answered.


Hotels and resorts aren’t liable for every injury that occurs at their property. However, a hotel does have a legal obligation to exercise reasonable care for the safety of guests and to inspect the property for any kind of hazard. They should provide warning of the hazard until it is corrected.

There are certain types of acts of negligence in maintaining premises that may be grounds for a successful premises liability lawsuit. These include injuries from trip or slip and fall injuries that have occurred due to:


Does your injury case meet the state’s criteria for filing an injury claim or lawsuit? Under Hawaii law, the owner or manager of a property must have failed to take reasonable steps to eliminate an unreasonable risk of harm to visitors, guests, or others who may be present on the property. Some of the basic elements in a successful premises liability case include:

  • The premises have an unreasonable risk of harm to visitors or guests;
  • There was a failure to warn of known (or should have known) hazards;
  • The owner or manager was aware of the dangers; and
  • There was a failure to take reasonable steps to eliminate the risk of harm.

If the hotel management knew about a wet floor, for example, and failed to warn guests about it or didn’t correct the issue within a reasonable period of time, the hotel may be held responsible.


No one can predict every possible type of accident that could occur, but hotels and resorts are expected to protect their guests and visitors against known hazards that could result in an injury. There are shocking facts about the numbers of injuries sustained by visitors to Honolulu and the neighbor islands every year.

Leading Causes of Fatal Injuries for Tourists in Hawaii from 2008 – 2012

With falls ranking at almost half of the injury cases requiring hospitalization for non residents, it is clear that there is a high risk of such an accident occurring. Some of these cases are related to sudden rainfalls that leave walkways slippery and wet, uneven walking surfaces, or handrails that are either nonexistent or rusted and unstable.

If you were injured while visiting Hawaii or are a resident that needs legal help in a premises liability case, take advantage of our years of experience and our dedication to those we represent. Call Leavitt, Yamane & Soldner today for legal help you can trust. We are available to answer your questions about whether you have a premises liability case. We represent tourists and our local friends and neighbors in Honolulu and throughout the neighbor islands. Contact us using our online contact form now.


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