Kapolei, HI asked in Personal Injury for Hawaii

Q: I live in Hawaii and own several palm trees that shed their palm frond regularly. If one lands on someone am I liable

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Hawaii attorney could best advise, but your post remains open for two weeks. As a general premise, you could possibly be liable. Owners of trees could be liable if it is determined that they were negligent. And that element of negligence could be subject to different interpretations - failing to maintain tree, failing to foresee that rotted or dried vegetation could fall on people walking underneath, or being "constructively" aware of hazards posed by their tree (meaning that even if they do not go out and perform regular field inspections, they could be imputed with awareness). Keep in mind that these are only GENERAL doctrines applied in some jurisdictions. For a meaningful and legally accurate answer that reflects local statutes and case law, consult with a Hawaii attorney. Good luck

Tim Akpinar

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