Torts to the Person
Consent Self-Defense Defense of Third Person Defense of Land or Chattels Force to Effect Recapture of Chattels Wrongfully Withheld Privilege of Arrest
Torts to Property
Consent Privileged Invasion of Another's Land to Reclaim Chattels Privilege to Exclude or Evict Trespassing Chattels of Another Privileged Invasion of Another's Land or Chattels as a Public necessity Privileged Invasion of Another's Land or Chattels as a Private Necessity Privileged Invasions of Land or Chattels to Abate a Nuisance
WRONGFUL INVASION OF PRIVACY
(HRS: SURVEILLANCE LAWS IN HAWAII & Hawaii Stalking Laws)
INTRUSIONS INTO PLAINTIFF'S PRIVATE LIFE OR AFFAIRS Elements or the Prima Facie Case:
Note also that: Trespass on periphery of Plaintiff's land does not show unreasonable surveillance and does not amount to invasions of privacy.
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Investigations should proceed through a sequence of elements methodically finding an appropriate act or actionable omission before turning to the issue of "duty," and that there is a breach of duty before considering "causation."
Elements of the Prima Facie Case: Act or Omission, Duty, Breach, Causation / Proximate Cause, and Damages
Defenses to Negligence
Contributory Negligence: Plaintiff's conduct is a contributing cause to his own injuries and is a complete bar to any recovery for the negligence of the defendant. There are exceptions. Many states reject this as a defense and replaces it with Comparative Negligence.
Comparative Negligence: ...rejects the notion that contributory negligence is always a bar to recovery by plaintiff. It individualizes accident recoveries on the parties in proportion to their fault.
Assumption of the Risk: It must be shown that the plaintiff recognized and understood the particular risk or danger involved and voluntarily chose to encounter it.
(note: Hawaii had adopted the doctrine of modified comparative negligence. HRS § 663-31 (1995). Under this doctrine, a claimant's action is barred if his negligence exceeds the combined negligence of all defendants. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence. See also: http://www.mcandl.com/hawaii.html for a summary on Hawaii Medical Malpractice law.)
Tort investigations are concerned with both subjects at once, i.e., what interests of plaintiff should be protected from what kinds of interferences by defendant.
At The Investigators, LLC our services are predicated on knowledge of Civil Laws (Torts) and their Defenses which is the primary foundation for an investigator's perspicacity necessary for evidence discovery and acquisition. Our requisite professional credentials have earned us the compulsory credibility necessary to educe cooperation from individuals with relevant and reliable information. We do more than just take pictures. We know what to look for, what to ask, how to ask, and whom to ask.
Our reports are comprehensive, thorough, and may include addenda of supporting documentation, videos, photographs and/or drawings.
Above all, we are committed to the axiomatic norms of professionalism. All investigations are confidential and conducted within the parameters and limitations of authority using personal initiative in the management of all cases at a nominal expense.
It is economically prudent to investigate your case before litigation. Give us a call for a free consultation at (808)218-1024.