Recreational Activity Accidents
Recreational Activity Accidents
Maui is full of activities for locals and tourists.
Ziplines, ATV tours, and boat rides make up only a few. And while it's true that these recreational activity providers enjoy some protection against lawsuits, they are not protected if they were negligent.
If you were injured while on a recreational activity on Maui and you believe they did not exercise reasonable care, don't let those "waivers" scare you into thinking you have no rights.
"It's all fun and games until someone loses an eye."
What do do after the Incident:
Inform the recreational activity provider
If you're able, it's safe, and the recreational activity provider hasn't responded to you yet, call for help from either the provider, or 911 if they aren't available. If police arrive, they will hopefully document the scene, collect witness statements, and make a preliminary determination of what happened.
Document the Scene
Though the police do their best, sometimes they don't get all the critical information. If it's safe and you're able, try to take pictures of the scene. There can never be enough information to look over. Something small now may be critical later on.
Get Medical Treatment
If you've called the police of 911, chances are an ambulance with medics will arrive. Many times adrenaline will cause you to overlook injuries. Let medics examine you. Don't be afraid to take an ambulance to the hospital if recommended.
Start the Insurance Claims Process
Once you've been medically stabilized and recovering, it is time to begin the insurance claims process. Any reputable recreational activity providers has liability insurance, and if you've been hurt as a result of the provider's negligence, you have a claim.
Keep Up With Treatment
After the initial trauma and shock wears off from the crash, it will be time to start comprehensive treatment. You'll usually start by following up with your primary care provider, who will dictate your treatment. Treatment varies: it can be conservative such as massage therapy and physical therapy. It could require surgery immediately or down the road. Whatever it may be, it is important to listen to your doctors and keep up with their treatment plan not only for your well-being, but to preserve your rights related to your case.
Settle Your Case
When the time is right, and assuming you've met the procedural hurdles, and assuming a lawsuit isn't required, your case will be ready to settle with the recreational provider and its insurance company. The time to settle will vary, but will usually occur after your injuries have resolved or there is a reasonable determination of when they will resolve. Settling prematurely will only lead to not being made whole.
What We Do
We take the guess work out of the process. Locally based with deep roots in the community, our Maui lawyers will help you with your
insurance claims, reduce or eliminate the unpleasant amount of paperwork, and assist you with your treatment plan.
"To me, a lawyer is basically the person that knows the rules of the country. We're all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box."
With years of experience representing injured clients, we offer a guiding hand to stabilize your life immediately after you're hurt. When ready, we proceed with litigating the case either pre-suit or with a lawsuit if necessary.
Your case is unique, with its own nuances and details. We try to learn all those details so that we can step into your shoes to try and understand how the crash and injuries affected your life to best fight on your behalf with strength and compassion.
What if I signed a waiver?
Everyone knows about these waivers: you're given a form with tiny print and places to initial and sign. You know this is a waiver, but what does it really do?
Not much. These waivers only protect recreational activity providers from "inherent risks" associated with the activity that have been properly explained and disclosed to guests.
Inherent risks are those types of risks that "come with the territory" and are beyond the control of the provider. These types of risk vary with every activity.
While these waivers do protect recreational activity providers against the "inherent risks" of the activity, the provider must still adequately disclose the risk. Additionally, the provider can never waive its own negligence. In other words, the provider cannot run its operation in an unsafe manner and then try to hide behind its waiver.
Examples of Recreational Activity Providers
- Zipline Tours
- Catamaran boat tours
- RAIV boat tours
- All-Terrain Vehicle (ATV) tours
- Horseback riding tours
- Nature tours
- Jet skiing
- Bicycle tours
- Snorkeling activities
- Kayaking activities
- Helicopter Tours
The Attorney-Client Relationship
Just like finding a good doctor, you need a lawyer that makes you feel comfortable and confident.
We are a family firm. We treat our clients the same.
You don't owe anything
Unless we win your case.