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Recent Blog Posts

Back seat belts

Research Reveals Rear-Seat Riders’ Restraint Reluctance

By Louis P. Mendonca |

Public opinion, as well as many state laws, reflect a reduced amount of concern with whether passengers riding in the back seat of a vehicle wear a seat belt as compared with front-seat passengers. But the dangers are just as present for unrestrained rear-seat passengers as they are for front-seat passengers in the event… Read More »

man filling out claim form

Factors that Influence the Value of Your Car Accident Claim

By Louis P. Mendonca |

Being the victim of a car accident can not only be frightening; it can be costly. After an accident, you may feel like your finances are being drained by the costs of medical appointments, lost wages, and car insurance deductible payments. Ideally, either car insurance or a lawsuit based on your injuries will result… Read More »

Father-straping-baby-in-car-seat

Researchers Uncover Impact of Leaving a Child Unrestrained in the Car

By Louis P. Mendonca |

One of the most important lessons that parents should learn, even before bringing their child home from the hospital, is how to properly install and use a child safety seat in their car. Nevertheless, research has shown that some 75% of parents are either using their child’s safety seat incorrectly or have installed it… Read More »

Steps-to-do-after-car-accident

Take These Five Steps after a Hawaii Car Accident

By Louis P. Mendonca |

Being involved in a motor vehicle accident can be one of the scariest and most violent incidents you experience. It can be hard to think straight and figure out what you should do in the immediate aftermath of an accident to ensure that your claims based on the accident are preserved. Read on to… Read More »

Can Parents be Liable for Serving Too Much Alcohol to a Minor Child at a Graduation Party?

By Louis P. Mendonca |

Yes. That was the recent holding of our Hawaii Supreme Court in Ah Mook Sang v. Clark., 130 Hawai’i 282, 308 P.3d 911 (2013). In that case, Makamae Ah Mook Sang was fifteen years old when she attended a party hosted by Michael Clark, who was twenty five years old at the time. Once… Read More »

Liability of Businesses Providing Recreational Activities

By Louis P. Mendonca |

Anyone who owns or operates a business providing recreational activities to the public (such as but not limited to, scuba or skin diving, sky diving, bicycle tours, and mountain climbing) must exercise reasonable care to ensure the safety of patrons and the public, and will be liable for damages resulting from negligent acts or… Read More »

Pedestrians & Bicyclists Injured in a Motor Vehicle Accident

By Louis P. Mendonca |

Pedestrians and bicyclists injured as a result of a motor vehicle accident are entitled to have their accident related medical expenses paid by the motor vehicle’s insurance coverage, or what’s called Personal Injury Protection (“PIP”) Benefits. The PIP coverage under the motor vehicle’s insurance policy provides pedestrians and bicyclists a minimum of $10,000.00 to… Read More »

Can Workers Pursue Claims Against Third Parties for Injuries Sustained While on the Job?

By Louis P. Mendonca |

If you were seriously injured while working on the job, your legal remedies for recovery are generally limited by the workers compensation benefits provided under Hawaii’s Workers Compensation laws. Hawaii Revised Statutes §§ 386-5 & 386-8. Under Hawaii’s Workers Compensation laws, your employer is required to provide worker compensation benefits, which may include 2/3s… Read More »

An Employer May be Liable for an Employee’s Negligence in Hawaii

By Louis P. Mendonca |

Under the legal theory of respondeat superior an employer may be liable for the negligent act of its employee that occur within the scope of the employee’s employment.  Henderson v. Professional Coatings Corp., 72 Haw. 387, 391-392, 819 P.2d 84, 88 (1991). In defining the scope of an employee’s employment, the Hawaii Supreme Court… Read More »

Required Motor Vehicle Insurance Coverage

By Louis P. Mendonca |

Explanation of Coverages Hawaii law requires all motor vehicles to have the following insurance: 1. At least $10,000.00 in Personal Injury Protection Benefits to pay for medical expenses of any owner, occupant, or user of an insured motor vehicle as well as pedestrians and bicyclists involved in a motor vehicle accident regardless of whether… Read More »

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