Slip & Fall Lawyer in Hawaii

Hawaii established a unitary reasonable care standard in Pickard v. City and County of Honolulu, 452 P.2d 445 (Haw. 1969) — the first state to formally abolish the invitee/licensee/trespasser trichotomy. All entrants, regardless of their reason for being on the property, are owed the care that a reasonable person would exercise under the circumstances. For commercial properties, this means conducting inspections for hazardous conditions, correcting them within a reasonable time, and warning visitors of known dangers that cannot be immediately fixed. Hawaii courts have consistently applied this standard across commercial, residential, and quasi-public premises.

HRS § 657-7 provides a two-year statute of limitations for personal injury claims. The Hawaii Supreme Court struck down the prior six-month municipal notice requirement, so government property claims now follow the standard two-year SOL. Surveillance footage is the most time-sensitive evidence — businesses typically overwrite recordings within 24 to 72 hours. An attorney must serve a preservation demand within the first few days of the fall to preserve video evidence, incident reports, and maintenance logs. Source: Hawaii Legislature, https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0657/HRS_0657-0007.htm

HRS § 520 provides landowners who open their property to recreational use without charge with immunity from negligence liability, limiting claims to willful or malicious conduct. This immunity applies to undeveloped land used for hiking, camping, and similar activities. However, it does not apply to commercial recreational operations, to business premises, or to situations where a fee is charged for access. Hawaii's resort hotels, shopping centers, and commercial venues — where most tourist-related falls occur — do not qualify for recreational use immunity and remain subject to the full reasonable care standard established in Pickard. Source: Hawaii Legislature, https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490R/HRS0520/HRS_0520-.htm

Yes. HRS § 663-31 applies a 51% modified comparative fault bar: your recovery is reduced proportionally by your fault, but you are only completely barred if your negligence is "greater than" the combined fault of all defendants. At exactly 50% fault, you still recover — unlike states using the "not as great as" standard where 50% bars all recovery. Property owners routinely argue that victims were distracted, wearing inappropriate footwear, or failed to notice warning signs. Surveillance footage showing the hazard's severity and whether warnings were actually visible is the most effective counter to inflated fault attributions. Source: Hawaii Legislature, https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm

Hawaii hotels and resorts are commercial premises subject to the full reasonable care standard under Pickard. The property owner or operator must inspect common areas, pool decks, lobbies, and walkways for hazardous conditions and correct them within a reasonable time. In Hawaii's humid climate, wet floors, algae growth on outdoor walkways, and pool-area runoff are foreseeable hazards that create heightened inspection obligations. Hotels that use independent contractors for maintenance may still face direct liability for negligent contractor selection and supervision. Franchised hotels may have liability shared between the franchisor and franchisee depending on the control the brand exercises over operations. A slip and fall attorney in Hawaii must identify all potentially liable entities — owner, operator, franchisor, and contractor — from the outset.