Wednesday, March 18, 2015

Brain Injury and the NFL

Last year the National Football League settled a lawsuit filed by thousands of former football players.  Maui Law - NFL Brain Injury Settlement.  Concern and awareness has been increasing the last few years of repetitive head trauma caused by the hard impacts football players are subjected to. 

Just this week, a prominent NFL rookie made a choice to retire early from the sport of football citing his concern over possible neurological trauma.  Even seemingly minor repetitive concussions and brain injuries have been associated with permanent negative medical problems later in life such as memory loss, dementia and other neurodegenerative disease. 

Friday, March 13, 2015

County of Maui and State of Hawaii Liability

Civil liability of a governmental entity such as the County of Maui can be a complicated issue.  Governmental entities often attempt to limit their own liability by enacting legislation stating specifically saying they are not liable for certain categories of decisions.  Common exclusions are limited liability for planning decisions and discretionary functions.  An example of this in action is the Hawaii Revised Statute, HRS §662-19 which excludes public entities and employees from liability for injuries to someone using a public skateboard park.

Even though there can be exclusions for recovery from a governmental entity or a county, governmental bodies can still be liable for injuries.  State and County liability is often modeled after the Federal Tort Claims Act which allows recovery against the government for personal injury, wrongful death and property damage caused by negligence of a government employee.

This theory applies to the State of Hawaii and County of Maui also.  There have been successful lawsuits and settlements obtained from the County and State due to negligence.  Not all lawsuits against the County or State are successful.  However, many different suits have been filed.

  •  In 2010 a woman sued the Maui Police Department for extortion and theft. 
  •  In 2012, a golfer at the Waiehu Golf Course sued Maui County for negligence after he was attacked and injured by a goose on the greens.  
  •  Recent lawsuits have also claimed County negligence in not properly maintaining roads which can cause vehicle accidents. 

Monday, March 2, 2015

Aircraft Accidents in Hawaii

The Hawaiian island are rich with natural beauty.  However, much of the terrain is rugged and remote and can cause difficulties with rescue when an accident happens.  Aircraft accidents in Hawaii are no exception.  Aircraft accidents happen frequently sometimes causing injuries and fatalities.

Aircraft accidents can be the result of many different factors including pilot error, mechanical failure or weather. 

By their very nature, airplane and helicopter accidents cause a tremendous amount of publicity and can also be very stressful for victims and their family members.  If you have been involved in an aircraft accident, contact an experienced attorney today to protect your rights. 
 Here is an list of select recent aircraft accidents in Hawaii. 

January 16, 2015.  Cessna 172N lost engine power and crashed into remote Halawa Valley on the island of Molokai.  Injuries but all occupants survived. 

September 24, 2014.  Piper PA25-260.  This type of aircraft is commonly used for agriculture or towing other planes such as gliders.  In this situation, the aircraft ran out of fuel and crash-landed into the ocean surf near the shore on the island of Oahu. No injuries. 

September 21, 2014.  Robinson Helicopter R44.  The helicopter sustained a hard landing on Oahu in a quartering tailwind.  There was substantial damage to the aircraft.  No injuries. 

September 13, 2014.  Eurocopter AS 350 B2.  Maui, Hawaii.  The helicopter's tail rotor struck an auxiliary power cart that was close to the aircraft causing substantial damage to the tail boom and rotor.  No injuries were reported. 

The remote Halawa Valley in Maui County, the island of Molokai where a recent airplane crash occurred.