Showing posts with label Hawaii personal injury Lawyer. Show all posts
Showing posts with label Hawaii personal injury Lawyer. Show all posts

Wednesday, 24 April 2019

5 Tips for Obtaining Compensation for Slip, Trip, and, Fall Accidents

In the event that you or somebody you care about has been harmed in a slip, trip, and fall mishap, it's essential to recollect that the means you take quickly following the episode are significant to building the most ideal lawful case. This where role slip and fall lawyer in Hawaii comes to picture. 


Here are some few essential tips to take after a slip, trip, and fall mishap:

1 - Look for Medical Treatment

Your wellbeing or the soundness of a friend or family member ought to be your main need following a slip, trip, and fall mishap. In the event that you've been harmed, it's critical to see a specialist with the goal that your wounds can be appropriately archived. Those restorative records will be imperative bits of proof should you choose to look for remuneration for your wounds. 

2 - Report the Accident

Regardless of where the slip, trip, and fall mishap occurs in a store, on a walkway, or at a companion's home—ensure you report it to a supervisor, proprietor or landowner. Make sure to get the subtleties of the occurrence recorded as a hard copy ask the chief, proprietor or landowner to make a composed report, and solicitation a duplicate before you leave. 

3 – Gather crucial details

It's critical to gather the names, addresses, telephone numbers and email addresses for every potential observer. Their announcements could help demonstrate your case in the event that you choose to seek after a lawful case. Likewise, make sure to take photos of the EXACT area where you fell and make a point to photo any stairs, frosty patches, or different conditions that added to your mishap. 

Scribble down what you were doing well before the mishap, the manner in which you fell, and some other subtleties, including the specific time and date. Likewise: Place the shoes and dress you were wearing amid the mishap in a sheltered stockpiling place. They might be important bits of proof later. 

4 - Don’t Give Statements

Stay cool and utmost your correspondence with the property proprietor or administrator. Try not to present any subtleties related on your mishap via web-based networking media. Decay to give an announcement to an insurance agency until you've addressed a lawyer. Try not to put fault—and don't take any. 

5 - Call an Attorney

While thinking about legitimate activity, the best individual on your side is an accomplished slip and fall lawyer in Hawaii. Since many slip, trip, and fall cases are intricate and hard to demonstrate, you are best served by the assets of an effective law office. We have the experience, learning, and reputation of accomplishment to recoup the cash you merit.

In Final words

These were some substantial tips which are necessary to be followed for obtaining compensation for Slip-/Trip-And-Fall Accidents.

Wednesday, 24 August 2016

Jan Weinberg – Recent Hawaii Case – Premises Liability

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. 

Contact Jan Weinberg for a FREE consultation to review your case. Jan Weinberg will meet you at the hospital, your home, or office.