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Parasailing Injury Lawyers in Hawaii
Parasailing gives Hawaii residents and visitors an opportunity to experience the islands from above the ocean, but an enjoyable excursion can result in serious injuries when something goes wrong. Problems involving the parasailing vessel, tow line, equipment, weather conditions, or decisions made by an operator can place passengers at risk.
People injured in parasailing accidents may face broken bones, head and brain injuries, spinal injuries, and other conditions that require significant medical treatment and time away from work or normal activities. For visitors, an injury can also create additional questions about medical care, insurance, and pursuing a Hawaii injury claim after returning home.
Lowenthal & Lowenthal represents people injured because of negligence throughout Hawaii. Our attorneys can investigate how a parasailing accident occurred, determine who may be responsible, and help injured clients understand their options under Hawaii law.
What You'll Learn on This Page
How Parasailing Injuries Happen
Parasailing depends on several systems working together safely. The boat, towline, winch, harness, parasail canopy, and other equipment must be properly maintained and operated. The parasailing crew must monitor changing ocean and weather conditions and make important decisions about when it is safe to launch a ride.
When something goes wrong, passengers have very little control over what happens. A person may fall into the ocean, be dragged through the water, strike the boat or another object, or experience a sudden impact during a landing.
Parasailing accidents may involve:
Towline failures. A worn, damaged, improperly maintained, or overstressed towline can break or separate during a ride.
Winch or equipment failures. Problems with the winch, harness, attachment points, or equipment can interfere with the crew’s ability to safely control or retrieve a passenger.
Unsafe weather conditions. Strong winds, sudden gusts, rough water, and changing weather can place additional stress on parasailing equipment and make the parasail more difficult to control.
Operator errors. Decisions involving vessel speed, passenger weight, launching, landing, equipment use, or emergency procedures can contribute to an accident.
Inadequate equipment inspection or maintenance. Parasailing equipment is repeatedly exposed to sun, saltwater, wind, and substantial physical forces. Regular inspection and proper replacement of worn equipment are important parts of safe operation.
Improper takeoff or landing procedures. Passengers can be injured during launching or retrieval if the parasail is not properly controlled or conditions make a safe landing difficult.
The cause of a parasailing accident is not always obvious immediately afterward. For example, a broken towline may be the event that led to an injury, but determining why it failed may require examining the condition and age of the line, maintenance records, weather conditions, equipment specifications, and decisions made by the crew.
Common Injuries From Parasailing Accidents
Parasailing accidents can involve significant forces, particularly when a passenger falls from a height, strikes the water at high speed, collides with an object, or experiences an uncontrolled landing. The injuries can range from relatively minor strains and bruising to conditions requiring surgery, hospitalization, rehabilitation, or long-term medical care.
A parasailing accident can cause a traumatic brain injury when a passenger falls from a significant height or strikes the water, boat, shoreline, or another object. A person does not necessarily have to lose consciousness to suffer a brain injury, and symptoms may not always be obvious immediately after the accident.
Traumatic brain injuries can range from concussions to severe injuries that affect memory, concentration, communication, movement, and other cognitive or physical abilities. More serious brain injuries may require hospitalization, rehabilitation, ongoing medical treatment, and assistance with everyday activities.
A spinal cord injury can require emergency treatment, surgery, rehabilitation, assistive equipment, and ongoing medical care. When evaluating a claim involving a serious spinal injury, it is important to consider not only immediate medical expenses but also how the injury may affect the person’s future care needs, ability to work, independence, and quality of life.
Falls and high-impact landings can place substantial force on the neck and spine. Injuries may include herniated discs, vertebral fractures, nerve damage, and, in the most serious cases, spinal cord injuries that affect movement or sensation.
Broken Bones and Joint Injuries
Passengers may suffer fractures when they strike the water, vessel, shoreline, or another object. Arms, wrists, legs, ankles, and other parts of the body can also be injured as a person attempts to brace for an unexpected impact. Fractures and injuries to the extremities are among the injury patterns reported in studies of parasailing and related activities.
Soft Tissue Injuries
The force of a harness, sudden movement, or impact can cause sprains, strains, ligament injuries, bruising, and other soft tissue damage. Although these injuries may initially appear less serious, some can cause persistent pain and interfere with work, mobility, sleep, and everyday activities.
Internal and Chest Injuries
A high-impact collision can also cause injuries to the chest, abdomen, or internal organs. These injuries may not always produce obvious external signs, which is one reason medical evaluation can be important after a significant parasailing accident.
Drowning and Near-Drowning Injuries
Because parasailing takes place over the ocean, an equipment failure or uncontrolled descent can leave a passenger unexpectedly in the water. A person who is injured, unconscious, entangled in equipment, or unable to remove a harness may be at risk of drowning. A near-drowning incident can also result in serious complications that require immediate medical attention.
The full extent of an injury may not be known immediately after a parasailing accident. Prompt medical evaluation can help identify injuries that are not initially obvious while also creating a medical record of the injuries and treatment following the incident.
Hawaii Parasailing Safety Rules
Hawaii Parasailing Safety Rules
Hawaii regulates where and how commercial parasailing operations may conduct business. These rules are intended to manage parasailing activity on state waters and address safety concerns involving passengers, vessels, shorelines, and other ocean users. Hawaii law also allows parasailing only in areas and during time periods designated by the state. :chatgpt-content-reference{index=”0″}
Among the requirements that apply to commercial parasailing operations in Hawaii:
Commercial operators must have the required permits. A commercial parasailing vessel cannot operate on state waters without a commercial operating area use permit for a designated parasailing area, in addition to other permits that may be required for the use of state facilities.
Parasailing must take place in designated areas and during permitted times. Hawaii law restricts parasailing and vessels towing parasailers to locations and time periods designated by the state.
Parasailing vessels must remain away from the shoreline and marked channel entrances while conducting parasailing activities. State regulations prohibit parasailing activities within 300 feet of the shoreline or a marked channel entrance.
An additional crew member must monitor the passenger. In addition to the captain, a parasailing vessel must carry at least one crew member whose duty is to observe the passenger in the parasail.
Operators cannot have multiple parasails aloft in the same designated operating area under one permit. Hawaii regulations limit a permit holder to one parasail vessel with a parasail aloft in the designated parasailing operating area.
Additional restrictions may apply to protect marine life. Parasailing operations may be curtailed in designated areas when necessary to reduce potential impacts on humpback whales or other protected marine life. State regulations also impose vessel speed restrictions in certain designated areas during whale season.
Special Parasailing Restrictions in Maui
Hawaii law includes an additional seasonal restriction for Maui. From December 15 through May 15 each year, parasailing is prohibited in waters along the west and south shores of Maui as provided by Hawaii’s ocean recreation laws. The restriction is associated with protecting humpback whales during the period when they are present in Hawaiian waters.
These regulations can become important when investigating a parasailing injury. Whether an operator had the required permits, where the vessel was operating, whether required crew members were present, and whether applicable operating restrictions were followed may help establish what happened and whether safety requirements were violated.
Hawaii law prohibits parasailing along the west and south shores of Maui between December 15 and May 15 each year. The seasonal restriction has been upheld in federal court as a measure intended to help protect humpback whales in Maui waters.
Who May Be Responsible for a Parasailing Injury?
Responsibility for a parasailing injury depends on how the accident happened and who had control over the equipment, vessel, and decisions that contributed to the incident. In some cases, more than one person or company may share responsibility.
The Parasailing Operator
The parasailing company may be responsible when an injury is caused by unsafe operating practices, poor judgment, inadequate training, or a failure to follow applicable safety rules. This can include decisions about weather conditions, vessel speed, passenger loading, launching, landing, or whether it was safe to continue the excursion.
Boat Captain or Crew
The captain and crew are responsible for safely operating the vessel and monitoring the parasailing activity. An injury may involve mistakes in handling the boat, controlling the towline, operating the winch, communicating with passengers, or responding to changing conditions during the ride.
Equipment Owners or Maintenance Providers
Parasailing equipment must be inspected, maintained, and replaced when necessary. If a towline, harness, winch, attachment point, or other component fails because it was worn, damaged, improperly maintained, or incorrectly installed, the company or contractor responsible for that equipment may be involved in the claim.
Equipment Manufacturers
In some cases, an accident may be caused by a defective product rather than improper operation or maintenance. If a parasailing component was defectively designed or manufactured, the company that produced or distributed the equipment may potentially be responsible under product liability law.
Tour Companies or Other Businesses Involved in the Excursion
Visitors sometimes book parasailing trips through resorts, tour companies, activity desks, or other businesses rather than directly with the operator. Whether another business may share responsibility depends on its role in arranging, controlling, or representing the activity and the specific circumstances surrounding the accident.
Multiple Parties May Share Responsibility
A serious parasailing accident may involve several contributing factors. For example, worn equipment may combine with poor weather decisions or improper vessel operation. A careful investigation can help determine which parties were involved and whether responsibility should be divided among more than one person or company.
What If You Signed a Parasailing Waiver?
Many parasailing companies require customers to sign a waiver or release before participating. Signing one does not automatically mean that you have no legal options if you are injured.
Under Hawaii law, businesses that provide recreational activities to the public still have a duty to exercise reasonable care for the safety of their customers. Hawaii Revised Statutes § 663-1.54 also distinguishes between injuries caused by an activity’s inherent risks and injuries caused by negligent acts or omissions.
A waiver may affect a claim involving an inherent risk of parasailing, but it does not necessarily protect an operator from responsibility for negligence. Whether a particular waiver applies depends on the language of the document, the circumstances of the accident, and what actually caused the injury.
Questions that may be important when reviewing a parasailing waiver include:
What risks were actually disclosed? A waiver may describe certain dangers associated with parasailing, but the specific language matters when determining what risks the passenger agreed to accept.
Was the injury caused by an inherent risk or by negligence? There can be an important difference between an unavoidable risk associated with the activity and an injury caused by unsafe equipment, poor maintenance, improper operation, or another preventable problem.
Was the waiver clear and properly presented? The wording, scope, and circumstances under which the document was signed may all become relevant when determining whether a release is enforceable.
Were applicable safety rules followed? A signed waiver does not make Hawaii’s parasailing regulations irrelevant. Evidence that an operator failed to follow applicable safety requirements may still be important when investigating how the accident happened.
For that reason, an injured person should not assume that signing a waiver ends the matter. A Hawaii personal injury attorney can review the release together with the facts of the accident and determine how the waiver may affect the claim.
Key legal point here is important: a 2025 Hawaii appellate decision stated that the plain language of § 663-1.54 precludes recreational operators from using a waiver to eliminate liability for their own negligence, while allowing releases relating to inherent risks under the circumstances described in the statute.
What to Do After a Parasailing Accident
The steps taken after a parasailing accident can affect both your health and your ability to understand what caused the incident. If you are able to do so safely, the following actions may help protect important information and preserve evidence.
Get medical attention as soon as possible. Some injuries, including head, neck, back, and internal injuries, may not be immediately obvious. A prompt medical evaluation can identify problems that require treatment and create a record of your condition after the accident.
Report the accident to the parasailing company. Make sure the operator is aware that you were injured and ask whether an incident report will be prepared. If possible, request a copy or information about how to obtain one later.
Document the scene and equipment. Photographs or video of the boat, parasail, towline, harness, winch, weather conditions, shoreline, and any damaged equipment may become important if the cause of the accident is later disputed.
Identify witnesses. Other passengers, people on the vessel, or individuals who saw the accident from shore may have useful information about what happened. If possible, collect their names and contact information.
Keep records related to the excursion. Save your reservation confirmation, receipt, waiver, emails, text messages, photographs, advertisements, and any other documents connected to the parasailing trip.
Avoid signing additional documents without understanding them. After an accident, an operator or insurance company may ask for statements, releases, or other paperwork. It is reasonable to understand what a document means before signing it.
Be cautious when speaking with insurance companies. An insurer may contact you soon after the accident to ask questions or discuss a settlement. Before giving a recorded statement or accepting an offer, consider speaking with a Hawaii personal injury attorney who can explain how the claim process works.
Speak with a Hawaii personal injury attorney. Parasailing cases can involve questions about operator negligence, equipment maintenance, waivers, Hawaii regulations, and potentially multiple responsible parties. An attorney can help preserve evidence, investigate the accident, and determine what legal options may be available.
If you are visiting Hawaii, you do not necessarily need to remain on the islands while a claim is being investigated. Keep your medical records and travel documents, continue recommended treatment after returning home, and speak with an attorney about how a Hawaii injury claim can be handled from another state or country.
Can Visitors Pursue a Claim After Returning Home?
Yes. Visitors who are injured while parasailing in Hawaii can generally continue pursuing a personal injury claim after returning home. You usually do not need to remain in Hawaii while the claim is investigated or resolved.
It is important to continue any recommended medical treatment, keep records related to the accident and your injuries, and stay in contact with your Hawaii attorney as the case moves forward.
Already returned home after being injured in Hawaii? Our guide, Injured While Visiting Maui? , explains how Hawaii injury claims can be handled after your trip ends and what steps you can take to protect your claim.
What Compensation May Be Available?
The compensation available after a parasailing injury depends on the severity of the injuries, the effect on the person’s daily life and ability to work, the available insurance coverage, and the circumstances that caused the accident. Serious injury claims often involve both immediate losses and costs that may continue for months or years.
Medical Expenses
A claim may include the cost of emergency treatment, hospitalization, surgery, diagnostic testing, medication, rehabilitation, physical therapy, and follow-up care related to the injury.
Future Medical Care
Severe injuries may require ongoing treatment, additional surgeries, rehabilitation, assistive devices, or long-term care. When future medical needs are reasonably expected, those costs may become an important part of the claim.
Lost Income
An injured person may be unable to work while recovering from a parasailing accident. Compensation may include wages or other income lost because of medical treatment, hospitalization, or physical limitations caused by the injury.
Reduced Earning Capacity
Some injuries can affect a person’s ability to return to the same job or perform the same type of work in the future. When an injury causes lasting limitations, a claim may consider the resulting reduction in the person’s ability to earn income over time.
Pain and Suffering
Compensation may also account for the physical pain, discomfort, and limitations caused by an injury. The value of this part of a claim depends on factors such as the severity of the injury, the length of recovery, and whether symptoms or limitations are expected to continue.
Loss of Enjoyment of Life
A serious injury may interfere with hobbies, recreation, travel, family activities, and other parts of life that were important before the accident. These changes may be considered when evaluating the broader impact of the injury.
Other Accident-Related Losses
Depending on the circumstances, a claim may also include other reasonable losses connected to the accident, such as certain travel expenses, necessary household assistance, or other costs resulting from the injury.
There is no standard amount of compensation for a parasailing injury. A careful evaluation should consider the full effect of the accident, including current losses, future needs, and how the injuries have changed the person’s work, independence, and everyday life.
How Lowenthal & Lowenthal Can Help
Parasailing injury claims can involve questions about operator negligence, equipment failure, safety regulations, waivers, insurance coverage, and multiple responsible parties. Lowenthal & Lowenthal can help you understand how those issues apply to your case and what steps may be available under Hawaii law.
Our attorneys can help by:
Investigating how the parasailing accident happened and identifying the parties who may be responsible.
Reviewing waivers, safety records, permits, maintenance information, and other documents related to the excursion.
Preserving important evidence, including photographs, witness information, equipment records, and incident reports.
Evaluating the full impact of your injuries, including medical expenses, lost income, future treatment, and long-term limitations.
Communicating with insurance companies and helping protect you from pressure to give statements or accept an early settlement.
Coordinating with medical providers, experts, and other professionals when additional evidence is needed to support the claim.
Guiding you through the claims process while you focus on your recovery, whether you live in Hawaii or have already returned home.
If you or a family member was injured in a parasailing accident in Hawaii, Lowenthal & Lowenthal can review what happened, explain your options, and help you decide what to do next.
Schedule a consultation to discuss your case with one of our attorneys.
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