In July 2013 the Hawaii Supreme Court addressed the issue of a landowner’s duty to render aid to an injured person on its premises.
Winfrey v. GGP Ala
Moana (7/18/13, SCWC 30589).
The Winfrey case involved bizarre and unfortunate facts. A twenty- two year old
woman had climbed onto a rooftop area at the Ala Moana Center. Ala Moana
security went to the rooftop because two restaurants had complained that their
exhaust fans weren’t working. The young woman was discovered barefoot, in
shorts, tanktop, and had grease over her hands, feet, hair, and face. She repeatedly jumped on the top of the exhaust duct. When the sheet metal on the duct collapsed, the woman squeezed into the duct thru a small opening.
Eventually, this unfortunate woman worked her way down the exhaust duct to an area where she was trapped in a small space over the stove in a restaurant, the Little Café Siam. She remained trapped while Ala Moana security eventually
contact the Honolulu Police Department and the ambulance service. While on the
phone with the ambulance service (EMS), Ala Moana security overheard EMS
incorrectly inform the Honolulu Fire Department that the woman had already been removed from the exhaust duct. In fact, the woman was still trapped in the small space above the stove of the Little Café Siam. There was also evidence at trial that the stove of an adjoining restaurant, the Poi Bowl, remained on while the woman was trapped.
Eventually, the injured woman was removed by firemen from the space where she was trapped. She lapsed into unconsciousness and was pronounced dead at the Queen’s Medical Center. An autopsy determined the cause of death to be“hyperthermia and respiratory compromise.” Prior to trial, the trial judge granted summary judgment to the defendant Ala Moana on the grounds that it did not owe a duty of care to protect the injured woman. The decision was appealed to the Intermediate Court of Appeals, which upheld the trial court’s decision. The Hawaii Supreme Court granted certiorari.
The Hawaii Supreme Court reversed the granting of summary judgment in favor of Ala Moana. It held that under Chapter 338 of the Restatement of Torts 2d. the occupier of land, Ala Moana, owed a duty to protect persons on its premises from “forces” which posed a risk of harm to trespassers. The “forces’ in this case were found to be heat, smoke and gases in the exhaust system. The Court also held that under Chapter 314 A of the Restatement of Torts 2d, a land occupier owes a duty to assist injured persons on its premises when it is or should be aware of the injury. The Court rejected defendant Ala Moana’s argument that it was entitled to immunity from suit under the Hawaii good samaritan statute.
The Hawaii Supreme Court remanded the case to the First Circuit Court for a jury trial on whether the above duties owed by Ala Moana as a land occupier had been breached.
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