Slip, Trip and Fall Injuries in Hawaii
When a store, landlord or property owner in Hawaii is responsible for a fall, falls on ice and snow, how fault is shared, and the deadline to sue.
Short answer: Hawaii uses a single reasonable-care standard rather than separate invitee/licensee rules: an owner, landlord, tenant or occupier has a duty to use reasonable care to keep the property in a safe condition or to adequately warn people reasonably expected to be there. Hawai'i Civil Jury Instructions No. 17.1 (citing Pickard v. City & County of Honolulu, 51 Haw. 134 (1969))
| Slip and fall: property owner's duty | Hawaii uses a single reasonable-care standard rather than separate invitee/licensee rules: an owner, landlord, tenant or occupier has a duty to use reasonable care to keep the property in a safe condition or to adequately warn people reasonably expected to be there. The injured person must prove that people like them were reasonably anticipated on the property, a condition posed an unreasonable risk of harm, the defendant knew or should have known of the risk, had enough control to remove it or warn of it, failed to take reasonable steps to do so, and that failure was a legal cause of the injury. |
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| Claims against a city or county | Before a Hawaii county can be held liable for injuries on its streets, sidewalks or other public places, or for negligence of county officers or employees, the injured person (or someone acting for them) must give written notice within two years after the injury accrued. The notice goes to the person named in the county charter, or if none, to the council chairperson or county clerk, and must state fully when, where and how the injury happened, the extent of the injuries and the amount claimed. The section read does not set a separate waiting period before suit or a damage cap. Source: Haw. Rev. Stat. § 46-72 |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant. Source: Haw. Rev. Stat. § 663-31 |
| Deadline to sue for an injury | A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued. Source: Haw. Rev. Stat. § 657-7 |
More Hawaii personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Hawaii
- Wrongful Death Lawsuits in Hawaii
- Medical Malpractice Rules in Hawaii
- Car Accident Claims in Hawaii
- Dog Bite Liability in Hawaii
- Motorcycle Accident Claims in Hawaii
- Pedestrian Accident Claims in Hawaii
- Bicycle Accident Claims in Hawaii
- Uber and Lyft Accident Claims in Hawaii
- Construction Site Injuries in Hawaii
- All Hawaii personal injury & wrongful death rules
FAQ
Who is responsible if you slip and fall on someone's property in Hawaii?
Hawaii uses a single reasonable-care standard rather than separate invitee/licensee rules: an owner, landlord, tenant or occupier has a duty to use reasonable care to keep the property in a safe condition or to adequately warn people reasonably expected to be there. The injured person must prove that people like them were reasonably anticipated on the property, a condition posed an unreasonable risk of harm, the defendant knew or should have known of the risk, had enough control to remove it or warn of it, failed to take reasonable steps to do so, and that failure was a legal cause of the injury.
How long do you have to file a claim against a city or county in Hawaii?
Before a Hawaii county can be held liable for injuries on its streets, sidewalks or other public places, or for negligence of county officers or employees, the injured person (or someone acting for them) must give written notice within two years after the injury accrued. The notice goes to the person named in the county charter, or if none, to the council chairperson or county clerk, and must state fully when, where and how the injury happened, the extent of the injuries and the amount claimed. The section read does not set a separate waiting period before suit or a damage cap.
Can you recover damages if you were partly at fault in Hawaii?
Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant.
What is the statute of limitations for personal injury in Hawaii?
A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.