Obtaining Compensation For Slip-/Trip-And-Fall Accidents
Falls sometimes look funny in the movies. In real life, they’re not so funny. Falls are one of the leading causes of serious injury and death; especially for the elderly. The fatality rate is very high in those older than 75 who have suffered a fall. Many of the falls occur in commercial retail establishments, including stores such as Safeway, Walmart, Sam’s Club, Costco and retail malls. In Hawaii, where slippers are the unofficial state of Hawaii footwear, wet and slippery surfaces can be particularly hazardous.
At the Law Offices of Jan M. Weinberg our firm assists the victims of injuries of all types, including slip-and-fall injuries on another party’s premises.
How Premises Liability Works In Hawaii
Landowners and businesses that invite customers onto their premises have a legal duty to maintain their premises in a reasonably safe condition, as well as to warn customers of hazardous conditions.
Hawaii law on the duty of property owners has evolved favorably for the public. A recent Hawaii Supreme Court decision held that owners could no longer defeat victims of slip-and-falls merely by claiming that the hazard was open and obvious. Instead, juries will determine the extent of the store’s negligence and the extent of the injured customer’s negligence.
How Compensation Is Determined Under Hawaii’s Comparative Negligence Law
Under Hawaii’s comparative negligence law, if the injured customer is 50% or less at fault, then the customer is entitled to compensation for injuries caused by a slip-and-fall accident.
Making A Difference For Slip-And-Fall Victims
We have successfully represented victims of slip/trip and falls for 35 years. In a slip-and-fall case early in our practice, we proved that algae collected at the bottom of a drop in an outdoor pavement at the Hilton Hawaiian Village was the cause of a slip-and-fall that occurred on a rainy day. The victim, a young woman, suffered a brain injury when her head struck the pavement.
We recently settled a case for several hundred thousand dollars involving a slip-and-fall on a damp section of floor at a local supermarket, resulting in knee surgeries to a 50-year-old woman. The lawsuit claimed that the store chose to use vinyl composition tiles that were polished and buffed to make the floor more attractive to shoppers. Unfortunately, this also made the floor extremely slippery and unsafe when wet. The fall occurred on a rainy day, when shoppers were tracking water into the store from their slippers and from shopping carts kept outside the store. The store had placed signs warning that the floor was slippery, and had also placed carpets at the entrance of the store. Experts retained by our firm were able to demonstrate that the flooring material had been extremely unsafe, that a reasonable alternative flooring had been commercially available, and that the warnings nad been inadequate.
Make Sure You Recover The Compensation You Are Due. Call Today.
If you have been seriously injured by a slip/trip and fall, you should safeguard your rights without delay. Schedule a free consultation to discuss your options with Law Offices of Jan M. Weinberg. Call us directly at 808-796-5706. We will return your call promptly and thoroughly review your case with you.