A young couple and their unborn daughter died tragically while snorkeling in full-face snorkel masks off the coast of Maui on September 14, 2024. Many other people have died under similar circumstances since 2014, when full-face masks entered the market.  

The full-face design of these snorkel masks can inherently turn someone’s survival instinct against them when they react to water leaking into the mask. First, full face masks are more likely to leak than traditional masks. This is because the seal between the full-face mask and the snorkeler’s face is not customized, making water intrusion likely. Also, the breathing tube is prone to letting water splash into the mask when small waves roll over, or if the snorkeler inadvertently dips their head too far beneath the surface.  

When water leaks into a conventional snorkel mask, the snorkeler reflexively spits out the mouthpiece. This can be done quickly, and there is no need for the snorkeler to use their hands. But when water leaks into a full-face mask, the snorkeler reflexively turns their face upward to breathe. Because the snorkeler is on the surface of the ocean, the water inside their mask might not drain sufficiently to expose the person’s mouth or nose to air. This can cause the snorkeler to take a deep breath of water, incapacitating them almost immediately.  

If a struggling snorkeler is unable to breathe, they will instinctively try to claw the mask off of their face. Because the design of full-face snorkel masks necessitates contact between the mask and the snorkeler’s face, the masks must be strapped tightly to the snorkeler’s head. This makes it difficult to pull the mask off quickly, assuming the person can stand on the sea floor. If the person is treading water, pulling the mask off may be impossible. If the snorkeler’s lungs are already filled with water, it takes only a moment for their strength to be exhausted and for them to drown. 

Two other couples, vacationing together with the Tsaruks, were also snorkeling on the day Billy and Sophia drowned. They reported experiencing “a loss of breath” while wearing the same full-face snorkel masks as Billy and Sophia. One woman stated, “I felt like the mask was just suffocating me and I had to rip my mask off to breathe.”  

When a consumer product causes injury or death, any entity in the supply chain may be liable – from the designing and manufacturing company to the retail seller. Entities outside the supply chain could also be liable for reasons other than the product design. For example, the owner or manager of the premises where the injury occurred may be at fault if the location could have been made safer. Another example is if the proprietor of a service, like a guided tour, could have made the activity safer for participants – then the proprietor might be liable. 

The tragic loss of Billy, Sophia, and their daughter might have been prevented by better mask design, a clear warning of the dangers inherent in the full-face snorkel mask design, safer premises, or in other ways. If you or someone you know has been injured or killed while using a full-face snorkeling mask, you should reach out to knowledgeable personal injury attorneys immediately. Danko Meredith staff are standing by to take your call: 650-453-3600.  

Danko Meredith has a long history of getting justice for the families of wrongful death victims and injured individuals. With offices in California and on Maui, and attorneys licensed in both states, we are uniquely positioned to help visitors who suffer injuries during their stay.   

 
Renters harmed by the Maui Fires may find themselves feeling left behind. While homeowners have the ability to file real property claims with their insurance, renters who lost everything in a fire may feel they have nothing. However, Maui Fire renters do have recourse. They can bring claims against Hawaiian Electric Company (HECO) which is alleged to have started the Maui Fires. Under the law, these claims can include many different types of damage, not just physical losses. An experienced wildfire attorney understands the various types of damage suffered by their clients and aims to recover all possible damages. 
 
Common Damages for Renters 
 
1. Personal Property  
Maui wildfire renters can seek compensation for the loss of their personal property. This includes everything in your household – from expensive items like a dining room furniture set or home computer system, right down to your everyday toothbrush and kitchen dishes. In many cases, even if you have renter’s insurance, it is often not enough to fully cover all your lost belongings, and that is when it may be essential to get a lawyer. We seek to recover all aspects of your personal property, including your sentimental items, antiques, family heirlooms, and collectibles. Even if you have rental insurance, these items typically require an extra rider on your insurance and are rarely covered. Our goal is to make sure you receive the highest possible compensation for your property losses. 
 
2. Emotional Losses and Medical Expenses 
There are numerous ways that Maui wildfire victims suffer from emotional distress. Initially, fleeing for your life causes emotional suffering and often leads to Post Traumatic Stress Disorder (PTSD). Losing your beloved home causes a loss of safety and security. You will continue to suffer nuisance and emotional distress as you try to rebuild your life. As a Maui Fire victim, you deserve to be compensated for this emotional damage and any associated expenses, such as the cost of counseling or therapy. We make it our mission to fight HECO for recovery from the emotional damage you have endured from the Maui Fires. 

3. Physical Injuries 

Anyone who evacuated from the Maui Fires can seek compensation from HECO for any injuries suffered. This includes smoke inhalation, eye irritation, broken bones, burns, and any other injury. Be sure to save your receipts! Keeping a record of all medical appointments and expenses incurred is important to maximizing your claim. 

4. Alternate Living Expenses 
Maui Fire victims can also receive compensation for all the expenses that result from being displaced from their homes. It is important to document where you have stayed and to keep any receipts for things like hotels, food, clothing, or gas. 

5. Loss of Income/Loss of Business Profits 
You could be eligible for compensation if you are displaced because of the Maui Fires and are temporarily unable to work due to the damage/destruction of either your or your employer’s property. Be sure to gather your records as tax and employment documents are usually required to prove the loss of income. Our attorneys can help you determine exactly what you need to prove your case.  

Document your Damages 
Document document document! We cannot emphasize this enough. As your attorneys, we work with a team of experts to analyze your damages and maximize your recovery. To get the best results, it is important to provide evidence of your losses by documenting everything. If available, gather both pre-fire and post-fire photos and videos of your property, track your fire-related expenses, and make an inventory of all the personal property lost in the fire. With this evidence in hand, you can stand up to HECO as a renter and win! 

Full face snorkel masks might be the common thread amongst an increasing number of drowning deaths in Hawai’i.  

The alarm was sounded on full-face snorkeling masks in 2017, when a woman waded into calm waters off the coast of Hawai’i, eager to try her new full-face snorkeling mask. Less than an hour later, her body was pulled from the ocean. She was spotted by a surfer, floating on her back with her full-face mask partially pulled over her nose. After receiving the coroner’s report, her grieving husband came to suspect the full-face snorkeling mask caused her death.  

Due to their full-face design, these masks tend to advertise a sense of safety to those who are uncomfortable with the possibility of accidentally inhaling water through a traditional snorkeling mouthpiece. But researchers have hypothesized that the full-face design actually makes drowning more likely. Some possible reasons include inadequate oxygen circulation, over-pressurized breathing mechanisms, difficulty removing the masks, and simple leakage in the seal between the mask and the face.   

A 2022 snorkel safety study tested ten full-face snorkel masks and found that none worked as advertised. These masks generally advertise separate air passageways for inhaling and exhaling. But in all ten masks, tests showed roughly equal amounts of inhale and exhale gases flowing through both passageways. In addition, in these full-face snorkel masks, the amount of force needed to inhale increases sharply with the intrusion of water. Intrusion of water is likely, given the lack of customization of the mask’s seal with the snorkeler’s face. 

Full face snorkel masks arrived on the market in 2014 and have only gained popularity. In the four years between 2014 to 2019, snorkeling-related deaths in Hawai’i nearly doubled. At least one Hawai’i snorkeling outfit has banned full-face snorkeling masks. “When [full face snorkel masks] came out, intuition and instinct told me that this was a bad idea,” said the owner of Snorkel Bob’s.  

If you or someone you know has been injured or killed while using a full-face snorkeling mask, you should reach out to knowledgeable personal injury attorneys immediately. Danko Meredith staff are standing by to take your call: 650-453-3600. 

Danko Meredith has a long history of getting justice for the families of wrongful death victims and injured individuals. With offices in California and on Maui, and attorneys licensed in both states, we are uniquely positioned to help visitors who suffer injuries during their stay.  

As is typical after a wildfire, insurers are requiring survivors to submit detailed “personal property inventories” listing the property they lost in the Maui Wildfire before paying Lahaina homeowners the limits of their personal property coverage. Preparing the inventories can take hours or even days.  Not surprisingly, many survivors find it traumatic to list all the items lost in the fire. Some find it impossible.

Maui Attorney Lance D. Collins has written Hawai`i Insurance Commissioner Gordon Ito call to provide relief to Maui residents. He is asking that Ito call upon property insurance companies to pay out 100% of coverage limits for loss of contents or personal property without requiring survivors to submit an itemized list or other proof of what they lost. According to Lance D. Collins, such paperwork “Is a burden the people of Lahaina should not be required to bear while the community continues to attempt to recover.” Collins notes that insurance commissioners in other jurisdictions have taken similar actions in the wake of wildfires, and the Hawwai`i commissioner should do so as well.

Lance D. Collins is a Maui lawyer who, along with Honolulu lawyer Harrison Kiehm, leads the Malama Law Group.  The Malama Law Group represents property owners and others who lost property in the Maui Wildfire.

In times like these, survivors are grappling with the aftermath, and your compassion can make a difference in their lives. Often, finding clear guidance on how to assist can be frustrating, leading to moments of discouragement. Your willingness to offer concrete advice on navigating resources and offering a helping hand can significantly ease the burden they’re facing. Examples of frustrating tasks include the long lines for assistance from government agencies or waiting for important phone calls from their insurance carrier or the County. You could assist by standing in line for them or waiting by the phone with them.  The companionship of a friend may help pass the time and reduce their stress.

Extending a Caring Presence:

Amidst the struggles faced by those who’ve endured the fires, your empathetic presence holds immense value. While you may not fully comprehend their journey, your genuine desire to listen and understand can provide them with solace. Encouraging survivors to openly share their experiences with professionals or friends can foster healing and growth.

In the Long Run:

The path to recovery is an extended one, filled with moments of profound difficulty. During occasions like holidays, anniversaries, and family events, the loss becomes even more poignant. Your heartfelt gestures, like reaching out and ensuring they feel seen, can be a lifeline. Some examples of events that have triggered our past clients  include the following:

  • Survivors often cannot light candles on birthday cakes because the smell of smoke takes them back to their traumatic evacuation. 
  • Holiday events may take them by surprise. A former client became very upset on Halloween.  Prior to the 2018 fire in Paradise, she loved Halloween and she stored boxes of decorations in her garage.  She lost all her decorations in the fire.  And she knew could never accrue the same type of decorations.  The holiday reminded her of joyful events that she felt she would never again experience. 
  • August 8  will always be challenging for the survivors.  Help your friends prepare for the heavy feelings that will come with that date.

As occasions arise, remind your friends of your unwavering love and support. Invite them to share how they’re feeling about the occasions and how the fire events may have affected those feelings.  As appropriate, you may suggest to them professional assistance and offer to find them some recommendations.   Recognize that their journey to healing and your support have only just begun.

Nani ka ʻōiwi o ka lāʻau i ka luaiele ʻia e ka makani.

There are things that Maui wildfire survivors can do right now to help make the recovery process easier. Once you and your loved ones are out of imminent danger, you should immediately contact your insurance company, make a plan for housing, track all expenses and insurance interactions, and prepare an inventory of your losses. 

  • Contact your insurance. If you have insurance, call your broker, and ask to get a copy of your policy and your declarations page. These documents will summarize your property and coverage limits. If you have internet access, it may be helpful to request these documents be sent by e-mail. In the meantime, ask your broker how much coverage you have to rebuild your home, replace the contents, and pay for Additional Living Expenses (“ALE”). 
     
  • Make a housing plan. Additional Living Expenses (ALE) coverage is used to pay for housing after you lose your home. ALE typically lasts for 24 months, or until the coverage runs out, whichever comes first. It’s important to manage this money carefully, because once your coverage runs out, that’s it. Sometimes a survivor is so happy to find a nice replacement home that they overlook the cost of rent and run through the ALE within 14 months and before their new home is rebuilt. Make sure to plan ahead so this doesn’t happen to you. 
     
  • Track all your expenses. When you lose your home, you spend money on things you wouldn’t need if you still had your house. One of the best things you can do for yourself is to keep track of everything. Simply throw your receipts in a shoebox — receipts for eating out, extra mileage and gas costs, etc. Even if your insurance won’t cover the costs, the utility company might. Better yet, use a debit or credit card to make purchases if you can. Receipts can fade with time, but a digital record will last. Remember – every receipt you save could put money back in your pocket! 
     
  • Document every insurance interaction. Plan to spend a lot of time on the phone with your insurance company. It is essential that you document everything including the date, time, and person you spoke with. Make sure to note what the adjuster tells you and request that they follow up your conversations with an email. Additionally, whenever you speak with your adjuster, send an email confirming the details of your conversation, especially when discussing your coverage, exclusions, limits, and policy benefits. Emails are your best protection as they go straight into the adjuster’s “claims diary.” I 
  • Prepare an inventory. Preparing a Personal Property Inventory (PPI) can be a daunting task, especially as you navigate your loss and the painful feelings that arise. However, many of our clients report feeling better after they complete the inventory. Enlist the help of a supportive friend or relative and try breaking the list down into smaller chunks – take it one room at a time. If that’s too much, start with something even smaller, like a closet, cupboard, or shed. Making a list of everything you lost in the fire while your memory is fresh will save you time and frustration later. The list should include big items like TVs, furniture, and artwork, as well as small ordinary things like kitchen utensils, toiletries, linens, and other housewares. You can write things down by hand or use a form from the internet. A complete PPI can put more money in your pocket, whether from insurance or the utility company. It’s hard now, but you’ll thank yourself later. 

Looks as though Hawai’ian Electric Company is legally responsible for the Maui Wildfire.  After all, it:

  • Failed to de-energize power lines in areas with high winds and dry vegetation, even though it had a public power shutoff plan in place;
  • Failed to maintain its power lines and equipment, which were in poor condition and prone to failure; and
  • Failed to adequately warn residents of the fire danger.

The potential liability to survivors for causing the fire is in the billions of dollars. In addition to the lawsuits, HECO is also facing scrutiny from regulators and investors. The Hawaii Public Utilities Commission has opened an investigation into the fire, and the company’s stock price has fallen sharply.

These factors suggest it is more likely than not that HECO will file for bankruptcy protection.

If HECO does file for bankruptcy, it doesn’t mean that HECO will get off scot-free.  Rather, it means that survivors’ claims against it will be heard in bankruptcy court, rather than a regular trial court.

PG&E file bankruptcy in California after causing a string of wildfires.  More than 60,000 claims were made against it in bankruptcy.  Thus far, survivors have been paid 60 cents on the dollar.

See our Maui Fires page for more information.

In June 2023, DuPont, Chemours, Corteva and 3M Company put up more than $13 billion to settle AFFF actions (Aqueous Film Forming Foams.) These settlements pertain only to 600 Public Water Systems. The settlements are subject to approval by Judge Richard M. Gergel, who was assigned in December 2018 to oversee the ongoing MDL proceedings in the United States District Court for the District of South Carolina. These agreements do not release any claims made by firefighters who have suffered serious health effects arising from PFAS exposure.

Firefighters are at a higher risk of PFAS-related diseases because they are exposed to per- and polyfluoroalkyl substances (PFAS) associated with their gear. The source of the PFAS may be from their gear’s construction materials or manufacturing process, deterioration of the gear during service, and/or while on duty. Studies have reported the presence of high levels of PFAS in firefighters’ blood. It has been proposed that the PFAS source is from the fire scene (AFFF, buildings contents, etc.), and/or from the gear itself. 

According to the US Environmental Protection Agency (EPA), scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals.

PFAS related health concerns

Research involving humans suggests that high levels of certain PFAS may lead to the following:

  • Increased cholesterol levels
  • Decreased vaccine response in children
  • Changes in liver enzymes
  • Increased risk of high blood pressure or pre-eclampsia in pregnant women.

Studies of laboratory animals given large amounts of PFAS indicate that some PFAS may affect growth and development. In addition, these animal studies indicate PFAS may affect reproduction, thyroid function, the immune system, and injure the liver. See PFAS Fact sheet here.

Civil or military firefighters diagnosed with cancer after exposure to PFAS in AFFF firefighting foam or gear may be eligible for money damages. Thousands of firefighters have already filed lawsuits.

Who may qualify for the PFAS firefighters’ lawsuit?

  • Anyone exposed to or used firefighting foam on the job or training; and,
  • Diagnosed with Kidney Cancer, Pancreatic Cancer, Testicular Cancer, Prostate Cancer, Non-Hodgkin’s Lymphoma, Bladder Cancer, Thyroid Cancer, or Liver Cancer

It depends. A New Jersey School district paid $9.1 million to parents of bullied student, Mallory Grossman who died by suicide in 2017. See news report here.

But most states do not allow recovery in cases of death by suicide.  They follow the archaic “suicide rule” that considers death by suicide a voluntary act that breaks the chain of causation.  Such a rule would prevent a family from holding a school district accountable for failing to protect a student. 

The New Jersey settlement and other cases demonstrate a trend to move away from that rule and toward the more progressive California analysis. In 1960 California court established that a wrongdoer may be liable for intentional misconduct resulting in suicide. See, Tate v. Canonica at 901-915.

More recently, in a bullying case, a judge in Riverside refused to let a school district off the hook.  The Judge stated that a jury should decide: (1) whether the school district’s failure to train staff to prevent bullying may have caused the student’s mental condition that led to the uncontrollable suicide attempt; or (2) whether the link between the District’ s failure to train staff to prevent students from leaving school and student’ s mental condition led to student’s act of suicide.  Morrison v. Alvord Unified School Dist. (Cal.Super. No. RIC1705829.)

California case law recognizes that a wrongdoer should be accountable for actions that cause a mental condition that leads to an uncontrollable impulsive act.

Q: My father was killed in an accident that was not his fault.  As a result, I ended up with an inheritance.  Will the inheritance count against me if I sue the wrongdoer who caused my father’s death?

A: No.  At least not in a case in California.  It’s not what you received as a result of your father’s death that counts.  Rather, in a wrongful death case, the “measure of damages” is what the heirs “were receiving at the time of the death of the deceased” and what such heirs “would have received had decedent lived.” Johnson v. Western Air Exp. Corp. (1941) 45 Cal.App.2d 614, 622.  

In fact, what a plaintiff inherited as a result of a wrongful death of a family member is not supposed to even be allowed into evidence.  That’s because the financial benefits an heir may have received as a result of the death are not relevant to their damages.  Further, a wrongdoer may not escape responsibility for his negligent acts by pointing to the plaintiff’s receipt of funds that the wrongdoer didn’t provide. Any benefit that a plaintiff received as a result of a wrongful death is not to be considered in assessing damages in a wrongful death action, either as an item of deduction or a ground for awarding only nominal damages, and so the jury  should not even be told of an inheritance.

This principle was first set forth in a case called McLaughlin v. United Railroads. In that case, the heirs of Mrs. McLaughlin brought an action against a Railroad for the wrongful death of their mother.  The family had inherited from their mother assets which generated rental income: “a return in no wise dependent upon the skill, ability, or exertions of the deceased.” The Railroad argued to admit evidence that the children had “by the death of the mother come into the ownership of all of her property” to show that the compensation they were entitled to from the Railroad should be reduced to prevent a double recovery.  In rejecting the Railroad’s argument the Court stated:

This rule of evidence has its foundation in the refusal of the court to allow the defendant to benefit by his own wrong, to lessen his responsibility in damages for the injury which he has inflicted, by a showing that, quite fortuitously, through no contribution of defendant’s own, the plaintiffs have received a certain pecuniary benefit.

McLaughlin, supra, 169 Cal. at 498 (emphasis added).

                Today, the rule in Calfiornia remains: income or property that transferred to the victim’s heirs as a result of the wrongful death should not be admitted as evidence at trial.