If you slip and fall in Honolulu, what you do in the next few hours matters. Evidence disappears. Witnesses forget. Under Hawaiʻi law, property owners can avoid liability when injured parties fail to document conditions promptly. Take the right steps immediately to protect your right to recover compensation.
Stay at the Scene and Report the Accident
Do not leave without reporting the incident. Tell the property manager, store supervisor, or business owner what happened. Request that they create a written incident report. Ask for a copy before you leave. If they refuse, document the refusal.
This report becomes part of the evidentiary record. It establishes that the fall occurred, where it happened, and when it was reported. Without it, property owners and their insurers may later dispute whether the incident happened at all.
Seek Medical Attention Right Away
Go to an emergency room or urgent care clinic the same day. Some injuries — herniated discs, concussions, soft tissue damage — do not produce immediate pain. A gap between the incident and your first medical visit gives insurers grounds to argue your injuries came from something else.
Your medical records connect the fall to your injuries. That connection is essential to proving liability and recovering compensation under Hawaiʻi law.
Do Not Downplay Your Symptoms
Tell the treating physician everything. Describe every area of pain, even if it seems minor. What feels like soreness today can become a chronic injury. Incomplete medical records create problems later in your case.
Document the Conditions That Caused Your Fall
Before you leave the scene, photograph everything. Capture the hazard — wet floor, uneven pavement, broken step, missing signage. Photograph the surrounding area, lighting conditions, and any warning signs that were or were not present. Take photos from multiple angles.
Note the time and date. Write down what you remember while it is fresh. These details establish that a dangerous condition existed and that the property owner knew or should have known about it.
Identify and Collect Witness Information
If anyone saw your fall, get their name and phone number. Witnesses provide independent confirmation of the conditions that caused your injury. Their accounts carry significant weight in settlement negotiations and at trial.
What Hawaiʻi Law Requires You to Prove
To hold a property owner liable under Hawaiʻi premises liability law, you must establish several elements. The property owner owed you a duty of care. A dangerous condition existed on the property. The owner knew or should have known about it. That condition caused your fall and your injuries.
Hawaiʻi follows a comparative fault framework under Hawaiʻi Revised Statutes § 663-31. If you are found partially at fault, your recovery is reduced proportionally. This makes thorough documentation even more important. The stronger your evidence, the harder it becomes to shift blame onto you.
Preserve All Evidence — Including Your Clothing and Footwear
Do not wash or discard the clothing or shoes you wore at the time of your fall. These items can show physical evidence of the hazardous condition — liquid, debris, or surface material. Store them in a bag and hold them until you speak with an attorney.
If surveillance cameras were present at the location, act quickly. Security footage is often overwritten within 24 to 72 hours. An attorney can send a preservation letter to the property owner immediately to prevent that footage from being destroyed.
Do Not Give a Recorded Statement to the Insurance Company
The property owner’s insurance carrier may contact you quickly after the incident. They will ask for a recorded statement. Do not provide one without first speaking to an attorney.
Insurance adjusters are trained to ask questions that minimize liability. Statements made without legal guidance are often used against injured claimants. You have no obligation to provide a recorded statement before retaining counsel.
Contact a Honolulu Slip and Fall Attorney
Hawaiʻi’s statute of limitations for personal injury claims is two years from the date of injury under Hawaiʻi Revised Statutes § 657-7. That deadline may feel distant, but evidence degrades and witnesses become harder to locate over time. The sooner you retain an attorney, the stronger your position.
In my experience handling premises liability cases in Honolulu, the clients who act quickly preserve the best evidence. Those who wait often face avoidable gaps that weaken an otherwise valid claim.
About Trevor Potts
Trevor Potts is a personal injury attorney admitted to practice in Hawaiʻi and California, as well as the federal courts for the District of Hawaiʻi and the Southern District of California. He graduated with honors from Thomas Jefferson School of Law and has represented injured clients in Honolulu since 2017, when he joined his father’s practice at Potts ALC. He has handled premises liability and slip and fall cases throughout Oʻahu and the Hawaiian Islands. Mr. Potts has been recognized as a Top 40 Under 40 by The National Trial Lawyers since 2017 and was named among the Top 10 Attorneys for Personal Injury in Hawaiʻi by Best of the Best Attorneys in 2021 and 2022.
Case Results
$296,345.00 — Wrongful Death, Nursing Home Negligence. Arbitration award on behalf of the family of an elderly mother who died as a result of negligent care at a care facility. The case was resolved through binding arbitration.
$326,931.72 — Wrongful Death, Nursing Home Negligence. Second arbitration award on behalf of a separate family in a similar wrongful death claim against a nursing home. The award reflected the full extent of the family’s damages.
$150,000.00 — Federal Jury Verdict, Hawaiian Airlines. Verdict on behalf of a disabled veteran in federal court under the Montreal Convention. The case was tried to a jury in the District of Hawaiʻi.
Past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
Local Resources
Hawaiʻi State Judiciary — Civil Self-Help: The Hawaiʻi State Judiciary provides resources for civil filings, including personal injury claims, in the Circuit Court of the First Circuit on Oʻahu. Visit courts.state.hi.us.
Hawaiʻi Revised Statutes — Premises Liability and Comparative Fault: The Hawaiʻi State Legislature maintains the full text of HRS § 663-31 governing comparative negligence in personal injury actions. Visit capitol.hawaii.gov.
Honolulu Emergency Medical Services: The City and County of Honolulu Emergency Medical Services division provides pre-hospital care records that can be requested following an emergency response. Visit honolulu.gov/ems.
Speak With a Honolulu Slip and Fall Lawyer Today
If you were injured in a slip and fall accident in Honolulu or anywhere on Oʻahu, contact Potts ALC for a free consultation. We handle personal injury cases on a contingency fee basis — no fee unless we recover for you. Call our office or use the contact form on our website to get started.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.