Maui Recreational Activity Accident Lawyers
Maui is known for a lot of things – natural beauty, stunning beaches, amazing cuisine, and more. It is also famed for its abundance of recreational activities, from ziplining to horseback riding to snorkeling, hiking, surfing and scuba diving. Whether you’re a thrill-seeker or more laid back, Maui has something for everyone.
Of course, many of these activities come with a degree of risk – and may even require you to sign a waiver to participate. But if you get hurt because of the carelessness of the provider, then you may still be able to file a personal injury lawsuit against the operator. Through this type of claim, you may be able to recover financial compensation for your medical expenses, lost wages, pain and suffering, and more.
At the Menzer Law, we are dedicated to helping accident victims get the money that they deserve for their injuries. Our legal team is well-versed in Hawaii personal injury law, and we will use our knowledge and experience to get you the best possible outcome. We offer free initial consultations, and never charge a fee unless we recover money for you.
How Are People Hurt in Maui Recreational Activities?
Throughout the year, there are plenty of opportunities to have fun in Maui. Both tourists and locals like to take advantage of the various activities offered by companies on our island. There are also plenty of completely free activities, like hiking at Pipiwai Trail in Kipahulu or visiting Maui’s Seven Sacred Pools.
Our law firm has the expertise and experience to represent people who have been hurt doing all types of activities in and around Maui, such as:
- Horseback riding
- Rock climbing
- Outrigger canoeing
- ATV riding
- Scuba diving
- Touring by motor vehicles (such as a jeep tour)
Each of these activities presents certain dangers. For example, if you zipline, you’ll be strapped into a harness and then clipped onto a line. An equipment malfunction or employee carelessness can lead to serious injury – or even death.
If you participate in any activity in the ocean, like kayaking along Olowalu and Kihei or snorkeling at Molokini Crater, you might suffer from cuts and broken bones. An accident on or in the water may also cause a serious or catastrophic injury, like a brain injury, paralysis, or even drowning.
There are inherent risks in engaging in many of these activities, like the risk of falling off of a horse or being in a car accident. However, there are cases where a person isn’t hurt because of the dangers associated with a particular activity, but because of the negligence of another person or entity. In these situations, you may be able to file a personal injury lawsuit.
When Can I File a Lawsuit for a Recreational Activity Accident?
If you are hurt while engaging in a recreational activity, you may be able to file a personal injury claim against the company or another party. These types of lawsuits are typically based on a theory of negligence, which is the failure to use the degree of care that a reasonable person would in a similar situation.
Hawaii law requires recreational activity providers to exercise reasonable care when working with customers. If they fail to do so – such as by not inspecting a kayak for damage before sending you out onto the water – then they could be held liable for any losses that you suffer as a result. These types of claims are usually made with the business’ insurance company.
In a personal injury lawsuit, you may be able to recover financial compensation for your:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
These losses – known as damages – are based on the specific facts of your case. If your loved one dies as a result of recreational activity in Maui, you may be able to file a wrongful death lawsuit to recover money for your losses.
Recreational accidents are slightly different from other types of personal injury claims. You may have signed a waiver before participating, and you may be leaving Maui to go home after your accident. Working with skilled and experienced recreational accident lawyers is the best way to ensure that you get the money that you need to move forward with your life.
How to File a Lawsuit in Maui
If you are hurt while doing a recreational activity, you can protect your rights by taking a few steps. First, seek medical care as soon as possible after the accident, even if you think that your injuries are minor. Second, if you haven’t already done so, call for help. If the police come to the accident scene, they will write an accident report that may be helpful for your insurance claim.
Third, notify the company of what happened, sticking to the facts. Do not apologize or say that you were at fault in any way. Fourth, gather information, such as the names and contact information for witnesses. You should also take photos and/or videos of the accident scene and your injuries using your phone.
Fifth, contact a well-regarded and experienced personal injury law firm as soon as possible. Do not give a statement to any insurance adjusters or to the insurance carrier before talking to a lawyer about your case. A personal injury lawyer can advise you of your rights, and handle communications and negotiations with the insurance company for you so that you can focus on your recovery.
Keep in mind that the statute of limitations for personal injury claims in Hawaii is just 2 years. With a few exceptions, this means that if you don’t file a lawsuit within this time period, you won’t be able to seek money for your recreational activity injuries. For this reason, you should schedule a free initial consultation with a personal injury law firm as soon as possible after your accident.
Most personal injury attorneys handle these types of cases on a contingency fee basis. With a contingency fee, you don’t pay anything upfront, and only pay a fee if your lawyer gets money for you. Even if you don’t have the cash to pay out of pocket, you can still afford to hire an attorney for your recreational activity accident.
I Signed a Waiver. Can I Still File a Personal Injury Claim?
Maybe. People who engage in recreational activities usually aren’t given a choice about signing waivers, which tend to be filled with lots of small print. These waivers often intimidate people into thinking that they can’t file a lawsuit if something goes wrong and they get hurt.
However, these waivers only protect the recreational activity providers from injuries associated with the “inherent risks” of the activity – not from their own unsafe behavior. An experienced Maui personal injury lawyer can often demonstrate that the waiver doesn’t cover the actions of the company – and get you the money that you deserve for your injuries.
I Don’t Live in Maui. Can I Still File a Lawsuit for My Recreational Activity Accident?
Yes. If you were hurt in Maui, you can file a lawsuit here – even if you don’t live in Hawaii or Maui. A seasoned Maui personal injury attorney can take on the insurance company for you, and fight for your right to full compensation.
Before you leave Maui, schedule a free consultation with a lawyer. If you decide to file a claim, your attorney can gather evidence, research the law, and communicate with the insurance carrier on your behalf. Contact our law firm today to talk to a Maui recreational activity attorney about your claim.
I Was Partially at Fault for My Recreational Activity Accident. Can I Still File a Lawsuit?
Possibly. Hawaii follows the rule of comparative negligence. This means that as long as you were 50% or less at fault for the accident, then you can still recover for your losses. Your total recovery will be reduced by the percentage that you were at fault.
Even if you think that you were to blame for your accident, this may not be accurate. Recreational activity providers have a responsibility to exercise reasonable care when providing their service. A Maui personal injury lawyer can help you determine if you can file a claim against the company, and whether your own actions played a role in the accident.
We’re Here for You
Getting seriously injured while doing something fun on vacation can be incredibly devastating. In the aftermath of your accident, you may not know where to turn. Our law firm is here to help.
Menzer Law represents injury victims in all types of personal injury cases, from hotel accidents to car crashes to medical malpractice. We aggressively advocate for each of our clients, working hard to get the maximum compensation for their losses. To learn more or to schedule a free consultation with a Maui personal injury attorney, give us a call at 808.446.7374 or fill out our online contact form.