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.

You Must Be Alert Driving on Maui

Maui has a large amount of traffic on its roads.  In addition to residents of our island, there are about three million visitors to Maui each year.  A significant number of those visitors rent vehicles to see the scenic beauty of the island making Maui is one of the busiest car rental ports in the nation.  Despite the recent airport expansion enabling rental car companies to park vehicles closer to airport terminals, the Maui rental market has already outgrown the expansion.  Rental companies park thousands of vehicles on vacant lots close to the airport and shuttle vehicles to the lot as necessary. 

Drivers distracted by other passengers, the ocean views or cell phones can cause accidents and despite the beautiful vistas, Maui's roads require the full attention of drivers.  The Hana Highway is narrow in places and, even though the road is maintained often, the forces of nature make the job a never-ending task.  Traffic is almost always heavy on the road to Lahaina and Kaanapali. 

Just this week, a motorcycle went over a guardrail on the Honoapiilani Highway, there was a fatal vehicle accident in Kahului and a landslide near Kipahulu.  These accidents demonstrate the need for full attention.  Already, the fatality rate for vehicle accidents on Maui is significantly higher this year than last.  (33% higher.)

Please remember to drive safely and take your time.

If you or a loved one have been in an accident, call our office for a free consultation.  We may be able to help you recover compensation for negligence, a wrongful death situation or other personal injury.

Boating Accidents and Wrongful Death Lawsuits

The accident that occurred on the dive boat, Conception, in California recently has generated substantial attention due to the severity of the fire and the terrible loss of life.  Thirty-four people died when the boat caught on fire and the passengers were trapped inside.  The exact cause of the fire and accident is under investigation.

Cognizant of potential personal injury liability, the owners of the dive boat have filed a lawsuit in federal court stating that they used reasonable care and that the ship was seaworthy.  The lawsuit is an attempt to preempt and limit the owner's liability.  The strategy is based upon maritime law dating to 1851 that requires victims to respond to the lawsuit within a specified amount of time or else relinquish their claim.  The method has been used a number of times before in prominent maritime accidents and has been very effective at limiting liability.

Typically a personal injury lawsuit must be brought within two years in the state of Hawaii.  Hawaii Revised Statute §657-7.  The same two-year time limit applies in California as well.  Other states vary in their and time limits. The lawsuit was widely seen as being in poor taste since the investigation is ongoing and the families are still mourning their loved ones.

If you've been involved in an accident and have been injured, contact an experienced attorney today to protect your rights. 

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. 

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. 

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.  

Renewable Energy Expansion in Hawaii

Renewable energy is expanding rapidly in Hawaii.  A new wind farm on the North Shore of Oahu has been approved by the Hawaii Public Utilities Commission.  The Na Pua Makani project will provide 24-megawatts of electricity over the next twenty years.  

You can read more about the project here. 

 http://www.bizjournals.com/pacific/news/2015/01/02/california-firms-90m-north-shore-oahu-wind-farm.html