When you go beyond a locked gate or a warning sign and get injured, who should pay for your airlift? Many locals in Hawaii feel it’s the responsibility of the injured party. This session, the Hawaii State Legislature plans to address the issue once and for all.
This question surfaced again last week at Queens Bath on North Shore Kauai, when a visitor from Florida was airlifted by Kauai firefighters Air 1 helicopter after a fall and injury that took place at the infamous Instagram-able sight that was closed to all. And another example is what happened below in January with a visitor who was less than grateful for being rescued.
Big Island video: Visitor saved at precipice of 400′ drop following trespassing.
@ellai This dude jumped over the fence to take a whole picture of Akaka falls 🤦♀️ ps. no one got hurt in this video #fyp #hawaiitiktok ♬ original sound – mela
In the incident depicted in the video above, which took place in January, a visitor climbed over a protective fence, slipped and was hanging at the edge of a 400 foot drop. Luckily, disaster was diverted when a local defied the danger sign and pulled the visitor to safety. Clearly the fence was there to avoid exactly what occurred. And yet, the tourist who was being saved sounded less than grateful while making demands on those trying to save his life.
In an interview with Hawaii News Now, Aldwin Francis, who came to the rescue, said he did not even receive a thank you for his life-saving efforts. Aldwin said, “for me, it’s good for him to be alive. That’s all that matters to me.” Comments about the visitor’s behavior were less than flattering; some called him an entitled visitor.
Famed Haiku Stairs trespassing leads to demolition.
While still controversial, plans are in place to remove the popular mountain trail, also called the Stairway to Heaven, following “rampant illegal trespassing” amid ongoing safety concerns.
Haiku is comprised of about 4,000 stairs on Oahu’s Koolau mountain range. The US Navy built the stairs during WWII. Access to the stairs has been forbidden for nearly 35 years. In spite of that closure, fines of up to $1,000 and no trespassing signs, however, trespassing has been an ongoing problem.
The Honolulu council unanimously agreed to remove the structure and the mayor has ordered its removal.
In January, three people, including residents, were rescued at Queen’s Bath, in Princeville | See rescue video.
It isn’t just tourists that are the problem. Three teenage Kauai residents who managed to get around a locked gate were stranded in January and an air rescue helicopter was called in and rescued the three using nets. After landing on a nearby golf course, they were transported to the hospital. Kauai’s Fire Chief said “Many people continue to bypass the gate. We urge the public that entry in these hazardous conditions can result in injuries or drownings and puts the lives of the public and our first responders at risk.”
More trespassing on the Road to Hana and at Red Sand Beach.
Last summer, signs were erected to help curb both illegal parking and trespassing that helped to decrease the number of emergency incidents. Among the problems has been many rescues at Twins Falls and at the Bamboo Forest.
Another Maui trespassing problem area has been Kaihalulu/Red Sand Beach. Last fall, a 69-year-old Florida resident fell from the trail when hiking to the beach area by trespassing on marked private property.
Wailua Falls rescue involved dangerous visitor trespassing.
Last year a man was rescued while hiking with his family at Wailua Falls. The 67 year old California visitor slipped and fell 25 feet of the trail. He suffered multiple head injuries for which he both received treatment on the scene and at the hospital. The rescue took two hours.
Wailua Falls is one of the most spectacular Kauai waterfalls with a 173 foot drop. There’s a great viewpoint and a parking lot at the top of the falls. If you go further, you are both trespassing and flirting with death.
Search and rescue bill in Hawaii returns to the legislature this session.
When we wrote about Hawaii hiking incidents and the proposed search and rescue bill, it had been deferred to the 2022 session by the State Legislature. That article stirred revealing comments about search and rescue. It also brought to light how other visitor-centric destinations are handling these dangerous and extremely costly incidents. We were told that air rescues can cost the state up to $47k each.
States, such as Hawaii, are mostly moving to enforce reimbursement for search and rescue under circumstances, such as those involving trespassing. Some version of bill heading to the legislature is likely to pass.
Bottom-line: know your limits and follow the rules.
The ocean is more powerful than you are. Simple. Treat it and surrounding areas (like Queen’s Bath) with respect by reading and heeding warning signs, and being observant of conditions. When on hiking trails, don’t trespass, determine your ability in relation to the hike, dress appropriately, and stay safe. Stay safe, enjoy a fabulous time in Hawaii, and return again.
Other states already charge those who “negligently” require search and rescue.
At least six other states also have moved along in search and rescue reimbursement requirements. New Hampshire started that in 2008. The laws vary in each state about what qualifies for their reimbursement requirement.
As we reported previously, one case went all the way to the New Hampshire state supreme court, which ruled against a hiker who acted negligently when he went on a solo, five-day hike, in spite of an artificial hip and multiple prior dislocations.
Insurance for search and rescue.
There are programs that help fund search and rescues such as these. The visitor pays for these and, in exchange, they needn’t worry about later being charged, should search and rescue be required. This quasi-insurance helps fund the soaring costs of search and rescue. Colorado and Utah both have such programs.
Hawaii’s search and rescue bills.
One bill requires reimbursement from persons who bypass signage or other notices and hike off of marked trails, on closed trails, or enter private, county, or state property. The other bill pending is more general and seeks reimbursement from those acting without regard to safety.
The state Department of Land and Natural Resources hopes to “incentivize the general public to stay within authorized managed areas.”
Another bill authorizes Hawaii “government entities that engage in search and rescue (SAR) operations to seek reimbursement when the rescued person required SAR efforts because that person acted in disregard of that person’s safety, including intentionally disregarding a warning or notice.
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CarlT says
The story talks about legislative bills but what are (were) the numbers (HBxxx or SBxxx).
I believe the Hawaii legislature has ended 2022 sessions and not heard that passed any “Search and Rescue” bill.
Johannes L says
I have no problem with making violators weather visitors or locals pay for their transgressions. A full fare helicopter rescue would probably mean a second mortgage.
As for raising airfares to $1000, that’s a two way street. Many islanders like to travel to the ninth island and I don’t see the airlines cutting special deals just for them.
Bob B. says
A simple Med flight will run about $50,000 (mainland prices), ask me how I know, been there done that 3 times.
Tim W. says
Let these idiots pay for their own stupidity! Period. Way too many of them here and acting like they deserve it. If they knowingly and willfully walk,jump,cross any designated private property, dangerous areas,,make them pay.!! And ban them from coming back.
Mike says
Absolutely agree that those who ignore restricted area signs and end up having to be rescued by emergency personnel, they should not only pay 100% of the cost associated with emergency personnel but they should also slapped with a fine to boot!
Mark W says
Each no trespassing sign should include the cost of rescue from that area.
DebraM says
Aloha Jeff and Rob. I suggest zipper barb wire on top of all fences to keep people OUT of dangerous areas. I guarantee that would put an end to these “idiots”. If they succeed in getting over and need rescue, then charge them full price. That video showed how the wind currents were dangerous for the rescue copter. What do you think of my idea?
Beat of Hawaii says
Hi Debra.
Interesting idea. Not sure if any of the no trespassing locations have that kind of wire or not. Also an interesting idea posted about listing the fine amount on the no trespassing sign.
Aloha.
Bob B. says
Good idea but razor wire would leave the property owner open to a lawsuit. Regular barbed wire less so but also so less effective.
Karen K. says
Again, Hawaii is not Disneyland! When one ignores signs and barricades, one is risking one’s life and therefore shall and will pay out of their own pocket if a rescue of said person(s) becomes a reality.
Mahalo (I think…)
Cindym says
I submitted a comment earlier & saw it “awaiting moderation” for a while, & now don’t see it. ?? It wasn’t an “off”
Comment, I simply agreed with most that these kind of incidents are a travesty, & endanger the lives of first responders often.
Patrick says
To borrow a phrase from one of our favorite Hawaii based TV shows “Bill ’em, Dano!”
Back country skiers have to pay for rescues. And they aren’t (mostly) acting negligent. Why should HI be any different? You trespass. You pay.
Kauaidoug says
Why it has taken this long to hold trespassers accountable is beyond me. But we have tour guides who sell taking people down to the Wailua falls pool.outrageous! If you trespass and get hurt expect to pay, not the Hawaiian taxpayer. Doesn’t work in Disneyland shouldn’t work here either. Add a responsibility clause to the ag declaration. Goes for wildlife selfies too. Respect. Go home and act the fool.
Cindym says
These kind of incidents make me both sick, & furious. As one who truly loves Hawai’i, it’s people and the Aina, I’ve spent months on the islands. Trespassing is breaking the law, on vacation or not. Warning signs are to be heeded. To endanger oneself is stupid. To endanger first responders, helpful locals, etc.? Reprehensible. I like the idea of the insurance option, but if visitor breaks the law and gets in trouble, he/she should be fined big time if no insurance to cover their foolish expenses.
Wendi says
As a frequent visitor, I firmly believe that anyone trespassing or otherwise participating in behavior specifically forbidden – both visitors and guests – should be held financially responsible for the cost of their rescue. If you don’t want to follow the rules, fine, but the cost of your ignorance shouldn’t fall on the shoulders of Hawaii taxpayers.
Mike G says
It’s pretty easy. If you are trespassing, you are breaking the law. Therefore if you are dumb enough to get hurt, the cost of the rescue and recovery should be on you and you alone. Can’t pay? Well then you have a lein placed on any property you own. If we have learned anything (especially over the last 2 1/2 years) is that many people act like they are entitled and don’t need to abide by laws, rules or regulations. Start holding these numb nuts accountable and things will change. Also, if someone jumps over a fence like what happened at Akaka Falls and they slip, let them fall. It will help thin the herd
Sheila M says
Last part of that comment was uncalled for. Shame on you.
Mike G says
Boo hoo
Chris says
If trespassing requires a rescue I agree with a law to seek reimbursement. I do not agree with the more general law of disregard for safety…who decides? If I’m hiking and I twist my ankle or break it am I responsible because I wasn’t wearing hiking boots? This law is left too open for interpretation and would lead to problems down the road
Bob B says
I agree the trespasser should be financially responsible for any costs incurred for their rescue and treatment. Trouble will be collecting the funds, maybe put a lien on their property?
Many years ago when I was in EMS at Lake Tahoe we got a call for a “leg injury” on a slope leading up to Heavenly Valley Ski area. So we arrive on scene and see a person up an ice covered slope laying on the ground. So we grab a breakaway litter and med kit and hike up to him. So as I’m bandaging his knee which had bones protruding through the skin I asked him how he got injured. “Oh I hit that sign post with my leg”. I looked up read the sign and said you mean the one in VERY large letters “NO SNOW PLAY, NO TRESSPASSING?” He said, “oh yeah that’s it”.
Mike L says
I agree with Gerhard, today’s Hawaii airfares are way too low. What is it with the crazy airlines? It often costs less to fly to Hawaii today than it did 10 years ago.
Bob B. says
I have a friend that wanted to book a round trip flight from Springfield , MO to Sacramento, CA
Cost? $1700 !!!
Mary E says
Old saying “No accounting for stupid”. HI should pass a law with big-time fines for rescues of those who put 1st responders’ lives in danger by trespassing, being stupid, etc. Make fines big enough so the perps will never, ever return. Talking to my son who’s visiting on Kauai now. He told me of the Queens Bath rescue. Last time I visited we witnessed visitors going through an unlocked (why) gate @ the Waimea Canyon Kalalau Overlook. That earth is soft from much rain & if they slipped they’d be falling for a LONG time.
Dayna R. says
Aloha Rob & Jeff!
Again, that ever increasing sense of entitlement we’re seeing everywhere–except that Hawaii has
so many more opportunities for this attitude to be illustrated in unflattering and dangerous ways.
I imagine rescues in Hawaii in the past 2-3 decades have increased and correspond to over-tourism.
I don’t recall hearing about nearly as many rescue operations when I used to visit Hawaii frequently in late 70s–late 90s.
David C says
Based on our 40+ years of ownership and use of a 2nd home on the Big Island, your analysis of visitor trespassing, idiocy and ingratitude is too limited. There have also been multiple rescues at the Volcano, for which reimbursement (to say nothing of gratitude) should be required.
Gerhard says
To solve all those problems including over tourism, which I experienced recently, it is best to raise the air fares to $1000. Problem solved.
Mary E says
Wealthy people do stupid things also. Some seem a little on the arrogant side & feel entitled.
Jeri J says
They have been $1000 for years; heading even higher
mary m says
he totally has a point ruins it for the rest of us who love and respect the island state
Mike G says
How is that fair or right to the people who go to Hawaii and are respectful of the aina, the people and the culture?