06-04-2018, 09:02 AM
I'm pretty sure in the $2 million shoreline case the defendant was a hotel, not the state. (Makes some difference). Tried to google the case, but couldn't find it. In broad terms this whole business goes something like this:
1. Remote areas that are not parks. If you are hurt by high surf, lava, falling off a cliff, etc., your chances of finding a personal injury lawyer to take this case are virtually nil.
2. Parks. Officials have some obligation to provide safety: lifeguards, closure during dangerous conditions. (Like HVNP is closed). Signs obviously can't be put everywhere; if people sneak in and get hurt, their basis to sue is weak. In Hawaii people evade lifeguards to access high surf all the time.
3. Parks in modified natural environments. Man-made Ahalanui pool is an example. If an elderly person would drown there, a personal injury attorney could claim the features of the pond are unsafe in some fashion, contributing to the drowning. The suit has a fair chance of winning.
(I usually don't fault the personal injury lawyers; they are sharks; that is what they do. All societies have people who prey on or scam the taxpaying public or businesses. The real problem are the legislators who take bribes from these lawyers to defeat any legislation that would rein in these lawsuits. Most states are much more restrictive than Hawaii on personal injury lawsuits.)
Civil defense emergencies like our lava flow are similar to category 2: Officials have 1) a strong duty to warn the public of danger and 2) some duty to keep people from entering the zone. (Considerable debate ensues about the latter).
In the Guatemala volcano today--more than 60 dead--one report (not the one below), asserts that officials delayed 4 hours in warning the public. In Hawaii that probably could be a lawsuit....
Trigger warning: the opening photo is a bit of a shocker.
https://www.cnn.com/2018/06/04/americas/...index.html
ETA: Add word "legally" to before "prey on or scam the taxpaying public or businesses."
1. Remote areas that are not parks. If you are hurt by high surf, lava, falling off a cliff, etc., your chances of finding a personal injury lawyer to take this case are virtually nil.
2. Parks. Officials have some obligation to provide safety: lifeguards, closure during dangerous conditions. (Like HVNP is closed). Signs obviously can't be put everywhere; if people sneak in and get hurt, their basis to sue is weak. In Hawaii people evade lifeguards to access high surf all the time.
3. Parks in modified natural environments. Man-made Ahalanui pool is an example. If an elderly person would drown there, a personal injury attorney could claim the features of the pond are unsafe in some fashion, contributing to the drowning. The suit has a fair chance of winning.
(I usually don't fault the personal injury lawyers; they are sharks; that is what they do. All societies have people who prey on or scam the taxpaying public or businesses. The real problem are the legislators who take bribes from these lawyers to defeat any legislation that would rein in these lawsuits. Most states are much more restrictive than Hawaii on personal injury lawsuits.)
Civil defense emergencies like our lava flow are similar to category 2: Officials have 1) a strong duty to warn the public of danger and 2) some duty to keep people from entering the zone. (Considerable debate ensues about the latter).
In the Guatemala volcano today--more than 60 dead--one report (not the one below), asserts that officials delayed 4 hours in warning the public. In Hawaii that probably could be a lawsuit....
Trigger warning: the opening photo is a bit of a shocker.
https://www.cnn.com/2018/06/04/americas/...index.html
ETA: Add word "legally" to before "prey on or scam the taxpaying public or businesses."