Legal Issues With Full Face Snorkels

Public awareness of the dangers of full-face snorkels is increasing and tour operators in Hawaii are increasingly banning their use due to safety concerns.  A State of Hawaii Advisory Committee is investigating the link between drowning deaths and the full-face masks and Civil Beat recently published another article with additional information.  It has now published two stories, one in 2018 and one in 2019. 

 

Many snorkelers find the masks difficult to remove which can become dangerous when filled with water.  There have also been concerns about carbon dioxide build-up due to dead-space ventilation in the masks causing users to become light-headed.  Disorientation combined with potentially rough water and the exertion of swimming could lead to a drowning.  

There is some information indicating that the masks designed by Ocean Reef, one of the original manufacturers of the full-face masks, function properly.  However, some consumers may have purchased cheaper masks online with a similar, but defective, design.  Full-face mask designs are not new and have actually been around for about seventy years.  Their popularity has increased recently though, particularly in Hawaii, with increased tourism, travel and interest in exploring the ocean.  

Visitors to Maui are often surprised by the size of the water and the effort it takes to snorkel in relatively calm seas.  Any sizable chop on the water or a strong current often leads to swimmers getting into trouble.  Even strong swimmers sometimes have difficulty getting back to shore. 

While most snorkelers stay on the surface, it's not uncommon for some to dive into the water to reach the bottom or to investigate an interesting coral or fish.  When diving under water, the full-face mask design is inferior to the traditional style with a mask that only covers the eyes and nose.  The hard cover of a full-face design does not allow users to equalize the pressure in their nose and ears, causing severe discomfort only a few feet below the surface.  Additionally, when the snorkel tube becomes filled with water from diving or a wave washing water into it, users may not be familiar with how to clear the tube which can cause the inhalation of water. 

As the number of drownings increases in Hawaii, a number of deaths have been associated with full-face snorkels.  Specific evidence in unattended drownings is difficult to find since there are usually few witnesses.  However, it is possible that a product liability lawsuit will be filed claiming that the products are defective. 

A successful product liability lawsuit must prove that the product did not meet the ordinary expectations of the consumer.  Tying a manufacturer's negligence to a death or injury can be challenging.  However, drowning is certainly not an ordinarily expected consequence of buying and using a full-face snorkel mask. 
 
If you believe a personal injury or wrongful death was caused by negligence, call our office today for a consultation. We handle personal injury, negligence and wrongful death matters.

Puntive Damages in Hawaii

The goal of a personal injury lawsuit is to compensate you for the loss you experienced because of another person's negligence.  After a trial or a settlement, you should be reimbursed for your medical expenses, lost wages and other economic costs that you incurred from your injury. 

Compensation for your non-economic damages such as the pain you experienced from the injury, the suffering you had to endure and the loss of companionship your spouse suffered while you were injured are more difficult to quantify.  The calculation of how much you are entitled to receive will vary with each individual. 

Economic and non-economic damages are called compensatory damages because they are designed to compensate you for your losses.  It is possible, but not guaranteed, that you will receive punitive damages which are designed to punish a defendant in severe cases. 

If the person who injured you was not just negligent but acted maliciously or oppressively you may be able to receive punitive damages.  A jury can consider the economic ability of the defendant and specifically how they acted when injuring you.  In Hawaii, a jury can award punitive damages to a plaintiff but the award amount can not be unconstitutionally high.  As a general rule, punitive damages should not be more than nine times compensatory damages. 

3 Considerations for a Winning Personal Injury Lawsuit

If someone has accidentally or intentionally injured you or a family member you may have a personal injury claim.  You should always have your situation evaluated by a personal injury lawyer.  However, there are three main factors to consider before filing a lawsuit: 

1.  Do you have a valid lawsuit?
Personal injury lawsuits are legally referred to as tort claims.  A tort is a civil wrong that causes you loss or injury.  Injury can occur in a variety of ways and usually involves physical injury to yourself.  In certain circumstances, you may also be able to sue for mental trauma or injury to a family member.  There is rarely a valid claim for loss or injury to a pet or animal companion. 

2. Who is at fault?
Your injury must have been caused by someone else.  If the injury was your fault, you cannot force someone else to pay for your damages.  You may still have a case if it is unclear who caused your injury or if you are responsible for only part of the damages. 

3.  Is your judgment collectible? 
Even if your situation meets all the requirements for a winning lawsuit, you must consider whether you will be able to collect compensation.  Initiating a lawsuit and obtaining a judgment will be of no use if the person who caused the accident does not have any money or assets.  If the defendant has nothing to collect and no insurance, a lawsuit could be a waste of time and effort. 

 Here are some examples of common personal injury lawsuits:

- Injuries incurred from car accidents caused by drunk drivers, distracted drivers texting or talking on cell phones or simply drivers who are negligently not paying attention. 

- Defective product lawsuits such as defective vehicles, tires, appliances or other products.  A product may have been made defectively such as an ignition key that fails to shut the car off or a product that is designed incorrectly such as a swimming pool filtration system that traps a swimmer at the bottom of the pool.  

- Wrongful death lawsuits from airplane crashes, boating accidents or train crashes. 

- Injuries from dog bites.  Pet owners are often liable for injuries caused by their animals. 

- Lawsuits against drug companies who market and sell dangerous pharmaceutical products. 

Tort Liability for Diabetes Drug Actos

This week a federal jury decided that drug companies Takeda Pharmaceutical and Eli Lilly should pay $9 billion dollars in punitive damages for hiding the significant risk of cancer to patients taking Actos.  Actos is sometimes prescribed to help control diabetes and the jury found that Takeda knew the drug had serious side effects including heart failure and bladder cancer. The drug has been a huge income producer for Takeda with sales of $397 billion. 

For more information check out this story in the Wall Street Journal.  Actos Tort Liability