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Snorkeling Injury Lawyers in Hawaii
Snorkeling is one of the most popular ways for Hawaii residents and visitors to experience the ocean, but a recreational activity can become a medical emergency when something goes wrong. Strong currents, inadequate supervision, unsafe equipment, boat traffic, unexpected ocean conditions, or poor decisions by an excursion operator can contribute to serious injuries.
Snorkeling accidents can be especially dangerous because an injured or distressed person may be unable to get themselves safely back to shore or onto a boat. When a snorkeling injury involves the negligence of a tour operator, resort, boat company, equipment provider, or another party, the injured person may have the right to pursue compensation.
Lowenthal & Lowenthal represents Hawaii residents and visitors who have been seriously injured because of negligence. Our attorneys can investigate what happened, identify all parties who may be responsible, preserve important evidence, and help you understand your options under Hawaii law.
What You'll Learn on This Page
Common Injuries From Snorkeling Accidents
Lowenthal & Lowenthal can help document both the immediate medical consequences and the longer-term effects these injuries may have on a person’s health, work, and daily life.
Drowning and Near-Drowning Injuries
A snorkeling accident can become life-threatening when a person is unable to breathe, becomes unconscious, or cannot return safely to shore or a boat. Near-drowning can cause serious complications involving the lungs, brain, and other organs, even after the person is rescued. Lowenthal & Lowenthal can help investigate what led to the emergency and document the medical treatment and long-term effects connected to the incident.
Hypoxic and Anoxic Brain Injuries
When the brain receives too little oxygen or no oxygen for a period of time, permanent neurological damage can occur. These injuries may affect memory, movement, speech, concentration, and independence. Lowenthal & Lowenthal can help document future medical care, rehabilitation, cognitive limitations, and other long-term losses associated with oxygen deprivation.
A snorkeler may suffer a traumatic brain injury after striking a boat, reef, rock, dock, or other object in the water. Head trauma may cause a concussion or a more serious injury affecting memory, balance, communication, concentration, and other abilities. Lowenthal & Lowenthal can help connect the medical evidence to the full impact the brain injury has had on the person’s work and everyday life.
Strong impacts, boat collisions, falls, or contact with underwater objects can cause severe trauma to the spine and spinal cord. Depending on the severity of the injury, a person may experience weakness, loss of sensation, reduced mobility, or partial or complete paralysis. Our attorneys can help document rehabilitation, assistive equipment, future care, and other long-term needs associated with the injury.
Neck and Back Injuries
Sudden impacts, waves, falls, or collisions can injure the muscles, discs, vertebrae, and nerves in the neck and back. These injuries may lead to chronic pain, reduced mobility, or difficulty returning to normal activities. Lowenthal & Lowenthal can help show how these limitations affect work, recreation, and everyday life.
Broken Bones and Fractures
Snorkelers may suffer fractures after striking rocks, coral, boats, docks, or other hard surfaces. Broken wrists, arms, ribs, legs, and other bones may require surgery, rehabilitation, and significant recovery time. Lowenthal & Lowenthal can help account for medical treatment, lost income, and other losses connected to the injury.
Internal Injuries
A forceful collision with a boat, reef, or other object can cause injuries to the chest, abdomen, or internal organs. These injuries may require emergency treatment and may not always be immediately obvious. Our attorneys can help make sure the seriousness of these injuries and any future medical needs are fully documented.
Shoulder, Joint, and Soft Tissue Injuries
A snorkeler may suffer sprains, torn ligaments, muscle injuries, or joint damage while struggling in strong currents, being pulled from the water, or striking an object. These injuries can interfere with mobility and daily activities even when surgery is not required. Lowenthal & Lowenthal can help document treatment, recovery time, and any continuing limitations.
Marine Life and Coral Injuries
Contact with coral, marine animals, or other underwater hazards can cause cuts, puncture wounds, infections, or other injuries. When unsafe tour practices or inadequate warnings contribute to the incident, Lowenthal & Lowenthal can investigate whether another party may be responsible and help document the resulting medical care.
What Responsibilities Do Snorkeling Tour Operators Have?
Snorkeling tour operators are responsible for taking reasonable steps to protect participants while they are under the company’s supervision. That can include choosing appropriate locations, monitoring weather and ocean conditions, providing suitable equipment, and giving clear instructions before people enter the water. Tour operators should not expose participants to avoidable risks that they know about or should reasonably recognize.
Many customers, especially visitors, may have limited experience snorkeling in Hawaii’s ocean conditions. Operators may need to explain currents, entry and exit points, boat traffic, boundaries, emergency procedures, and how to use the provided equipment safely. Clear instruction and appropriate supervision can be especially important when participants are unfamiliar with the area or have little snorkeling experience.
Tour companies should also respond appropriately when conditions change or when a participant shows signs of distress. Strong currents, rough water, reduced visibility, equipment problems, or medical emergencies may require the activity to be modified or stopped. If a snorkeling operator ignored dangerous conditions, failed to supervise the group, or did not respond reasonably to an emergency, those decisions may become important when determining responsibility.
Lowenthal & Lowenthal can review the circumstances surrounding the excursion, including weather conditions, safety procedures, equipment, witness accounts, incident reports, and the actions of the guides or crew. Our attorneys can help determine whether the operator met its responsibilities and whether a failure to do so contributed to the injury.
Who May Be Responsible for a Snorkeling Injury?
Responsibility for a snorkeling injury depends on how the accident happened, who controlled the activity, and whether another person or business contributed to the danger. More than one party may be legally responsible, and identifying every responsible party can be important to recovering the full compensation available for your injuries.
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A Snorkeling Tour Company. A tour operator may be responsible if the injury involved inadequate supervision, unsafe location selection, poor safety procedures, or a failure to respond appropriately to changing ocean conditions. Lowenthal & Lowenthal can review the company’s practices, records, and decisions to determine whether negligence played a role.
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Tour Guides or Crew Members. Guides and crew may be responsible when they fail to provide adequate instructions, monitor participants, recognize signs of distress, or respond reasonably in an emergency. Our attorneys can investigate what the staff knew, what they did, and whether their actions contributed to the injury.
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A Boat or Vessel Operator. Some snorkeling accidents involve collisions, unsafe boarding or exiting, improper anchoring, or negligent operation of a tour boat or another vessel. Lowenthal & Lowenthal can investigate the vessel operation and determine whether the captain, owner, or another party may be responsible.
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An Equipment Provider or Rental Company. Defective masks, snorkels, fins, flotation devices, or other equipment can create additional risks in the water. If poorly maintained, damaged, or unsuitable equipment contributed to the accident, our attorneys can examine whether the provider may share responsibility.
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A Resort, Hotel, or Activity Desk. In some cases, a resort or other business may have played a role in arranging, controlling, or promoting the snorkeling activity. Lowenthal & Lowenthal can examine that relationship to determine whether another business may have legal responsibility for the injury.
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A Property Owner or Land Manager. Injuries can also occur because of unsafe access points, docks, walkways, stairs, or other property conditions connected to the snorkeling activity. Our attorneys can investigate who controlled the property and whether a dangerous condition contributed to the accident.
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An Equipment Manufacturer. If a snorkeling product was defectively designed or manufactured, the company that made or distributed the equipment may be responsible. Lowenthal & Lowenthal can investigate whether a product defect caused or worsened the injury.
A serious snorkeling accident may involve several responsible parties and more than one source of insurance or financial recovery. Lowenthal & Lowenthal will investigate the entire incident, identify all parties who may be legally responsible, and pursue the maximum compensation available under the facts of the case and Hawaii law.
What If You Signed a Snorkeling Waiver?
Many snorkeling tours and recreational activity providers ask participants to sign a waiver before entering the water. These documents may describe risks associated with ocean conditions, marine life, swimming, or other aspects of snorkeling. Signing a waiver does not automatically mean you have given up your right to pursue a claim if you are injured.
Under Hawaii law, recreational activity providers must still exercise reasonable care for the safety of their customers. A waiver may apply to certain risks that are considered inherent in snorkeling, but those risks are different from injuries caused by negligent acts or omissions. A tour operator cannot simply use a waiver to avoid responsibility for its own negligence.
Whether a waiver affects your snorkeling injury claim depends on what the document says and what actually caused the accident. Inadequate supervision, unsafe equipment, poor emergency response, dangerous operating decisions, or other preventable problems may raise issues beyond the ordinary risks of snorkeling. Lowenthal & Lowenthal can review the waiver, investigate what happened, and explain whether it affects your right to pursue compensation.
What to Do After a Snorkeling Accident
The steps taken after a snorkeling 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 steps can help protect important evidence and give your attorney a clearer picture of what happened.
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Get medical help immediately. Snorkeling accidents can involve drowning, oxygen deprivation, head injuries, spinal injuries, internal injuries, and other serious conditions that may require urgent treatment. Prompt medical care protects your health and creates important documentation linking your injuries to the accident.
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Report the incident to the tour operator or business involved. Make sure the company knows that an injury occurred and ask whether an incident report will be prepared. Lowenthal & Lowenthal can later obtain and review these records as part of the investigation.
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Document the location and surrounding conditions. If possible, take photographs or video of the snorkeling area, boat, dock, equipment, warning signs, weather, water conditions, and any hazard that may have contributed to the accident. Ocean and weather conditions can change quickly, so early documentation may be especially important.
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Preserve the equipment involved. Keep the mask, snorkel, fins, flotation device, or other equipment if you are able to do so, especially if you believe something malfunctioned or was damaged. Lowenthal & Lowenthal can help determine whether the equipment should be inspected as part of the claim.
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Collect witness information. Other snorkelers, tour participants, guides, crew members, boat operators, or people nearby may have seen what happened. Their names and contact information can help preserve important testimony while memories are still fresh.
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Save your reservation, waiver, and communications. Keep copies of booking confirmations, receipts, waivers, emails, text messages, photographs, and any other records connected to the activity. These documents can help identify the businesses involved and what information or warnings were provided before the excursion.
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Be cautious when speaking with insurance companies. An insurer or business representative may ask for a statement, medical authorization, release, or early settlement before the full extent of your injuries is known. Lowenthal & Lowenthal can handle these communications and help protect you from making decisions that could affect your claim.
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Contact Lowenthal & Lowenthal as soon as possible. Early involvement gives our attorneys more time to preserve evidence, investigate the tour operator, identify all responsible parties, and determine what insurance or other sources of compensation may be available. You do not need to know exactly who was at fault before contacting us.
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Continue treatment and keep records of your losses. Follow your doctors’ recommendations and save medical bills, travel expenses, wage information, and other records showing how the injury has affected your life. Lowenthal & Lowenthal can use this information to document both your immediate losses and any future needs connected to the injury.
What Compensation May Be Available?
The compensation available after a snorkeling injury depends on the severity of the injuries, how the accident affected your life, who was responsible, and what insurance or other coverage may apply. More than one person or business may be responsible for providing compensation, and Lowenthal & Lowenthal will investigate every potential source of recovery.
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Medical Expenses. Compensation may include emergency treatment, hospitalization, diagnostic testing, surgery, medication, rehabilitation, and other medical care related to the snorkeling accident. Lowenthal & Lowenthal can gather the medical records and bills needed to document these expenses as part of your claim.
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Future Medical Care. Serious injuries involving the brain, spinal cord, lungs, or other organs may require additional treatment, rehabilitation, assistive equipment, or long-term care. Our attorneys can help document reasonably anticipated future medical needs so they are considered when the claim is valued.
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Lost Income. If your injuries prevent you from working while you recover, compensation may be available for wages or other income you lose. Lowenthal & Lowenthal can use employment records, wage information, and other evidence to show the financial impact of missed work.
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Reduced Earning Capacity. A serious snorkeling injury may affect your ability to return to the same job, work the same hours, or earn the same income in the future. We can help document how lasting physical or cognitive limitations may affect your future ability to work.
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Pain and Suffering. Compensation may also account for the physical pain, discomfort, and limitations caused by the injury. Lowenthal & Lowenthal can help show how the accident has affected your mobility, independence, sleep, daily activities, and overall quality of life.
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Emotional Distress. A frightening snorkeling accident, particularly one involving drowning or near-drowning, can have lasting emotional effects. When supported by the evidence, our attorneys can include anxiety, fear, sleep problems, and other emotional consequences when evaluating the full impact of the injury.
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Loss of Enjoyment of Life. Serious injuries may interfere with travel, recreation, exercise, family activities, and other parts of life that were important before the accident. Lowenthal & Lowenthal can help document these changes and explain why they should be considered as part of the claim.
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Other Accident-Related Expenses. Depending on the circumstances, compensation may also be available for transportation, medical equipment, household assistance, or other reasonable costs made necessary by the injury. Our attorneys can help identify and document these additional losses so they are not overlooked.
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Wrongful Death Damages. When a snorkeling accident results in a fatality, certain surviving family members may have claims arising from the loss of their loved one. Lowenthal & Lowenthal can explain the compensation that may be available and pursue accountability from the parties responsible.
A serious snorkeling accident may involve multiple responsible parties, several insurance policies, and more than one type of compensation. Lowenthal & Lowenthal will investigate the entire incident, identify all parties who may be legally responsible, and pursue the maximum compensation available under the facts of the case and Hawaii law.
How Lowenthal & Lowenthal Can Help
A serious snorkeling injury can leave you dealing with medical treatment, insurance questions, lost income, and uncertainty about who was responsible. Lowenthal & Lowenthal can take over the legal and insurance process, investigate what happened, and help you understand the options available under Hawaii law.
When you hire Lowenthal & Lowenthal after a snorkeling accident, our attorneys can help by:
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Investigating how the snorkeling accident happened. We can review witness accounts, incident reports, weather and ocean conditions, safety procedures, equipment, boat operations, and other evidence that may help explain what went wrong.
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Identifying every party who may be responsible. A snorkeling injury may involve a tour operator, guide, boat company, equipment provider, resort, property owner, manufacturer, or more than one of these parties. We will investigate each potential source of liability so responsible parties are not overlooked.
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Preserving important evidence before it disappears. Ocean conditions can change, equipment may be returned to service, and witness memories can fade. Acting early allows us to preserve photographs, records, equipment information, and other evidence that may be important to your claim.
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Reviewing waivers and other documents you were asked to sign. Signing a recreational activity waiver does not necessarily prevent you from pursuing a claim when negligence contributed to the injury. We can review the document together with the facts of the accident and explain how it may affect your case.
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Documenting the full impact of serious injuries. Near-drowning, brain injuries, spinal cord injuries, internal injuries, and other serious conditions may create medical and financial consequences that continue long after the accident. We can help document future treatment, lost income, reduced earning ability, long-term limitations, and changes to your quality of life.
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Handling insurance companies and claims communications. Insurers may request statements, medical information, or an early settlement before the full extent of your injuries is understood. Lowenthal & Lowenthal can manage those communications, evaluate offers, and help protect you from resolving the claim too early.
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Helping visitors continue their claim after returning home. If you were injured while vacationing in Hawaii, you may not need to remain on the islands while your case moves forward. We can handle the Hawaii side of the claim while helping coordinate medical records and other information from where you live.
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Pursuing all available sources of compensation. A serious snorkeling accident may involve multiple responsible parties and more than one insurance policy. We will identify appropriate sources of recovery and pursue the maximum compensation available under the facts of your case.
If you or a family member was seriously injured in a snorkeling accident in Hawaii, call Lowenthal & Lowenthal at (808) 242-5000 as soon as possible. The earlier we become involved, the sooner we can preserve evidence, investigate the incident, and begin protecting your claim.
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