Kailua Wall Collapse And Property Liability

As I write this, a Kona low weather system is covering the islands with wind and rain. Several days ago a wall collapsed in Kailua resulting in one death and serious injuries. Investigations of the cause likely will address the condition of the wall and the possible contribution of wet weather, among other factors. This tragedy serves as a reminder to property owners to consider their responsibility to people on their property. A Hawaii property owner is not responsible simply because someone is on the property. However, they may be responsible for injuries to a person if they were injured due to a condition on the property which posed an “unreasonable risk of harm.” It ultimately is a judgment call as to what may be an unreasonable risk. Examples of such routine risks can include things like hidden trip hazards and poorly maintained floors. However, property owners are aware of occasional bad weather and have a duty to prepare for it by maintaining structures including walls and fences and trimming trees that pose a threat. Failure to do so may great an unreasonable risk.