Hawaii Blowhole Death Raises Liability Questions

By Jennifer Sinko Kelleher | July 19, 2011

  • July 19, 2011 at 1:21 pm
    omg says:
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    A case of Mother Nature weeding out the stupid.

    • July 26, 2011 at 3:08 pm
      SFOInsuranceLady says:
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      While the actions of the victim are indeed careless, I find your comment rather rude and insensative. Hope this doesn’t happen to one of your loved ones.

  • July 19, 2011 at 1:33 pm
    Jen says:
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    She should sue the ocean, I mean it is really what is to blame here. Has a total disregard for human life. Geez, how could one have known that the ocean was dangerous, especially with the lack of signs posted to that effect.
    I especially like the sentence
    “He slipped because it was slippery,”
    Maybe she should also sue whoever manufactured the shoes he was wearing that day.

  • July 19, 2011 at 1:37 pm
    sips says:
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    Oh good Lord – “and to take care of me and my son”???? Don’t swim with sharks. Don’t stand under a pineapple tree without a helmet. Don’t get too close to a volcano or flowing lava. Don’t stand close to blowholes. Don’t eat the poi. Follow that advice and you’ll be off to a good start taking care or yourself and your son.

  • July 19, 2011 at 2:06 pm
    Mike N says:
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    What a maroon! So this guy walks on hard, sharp rocks, which are constantly being pounded by waves, and she thinks someone ought to put up a sign? Really? There are signs all around. other nature provided them. The signs are jagged rocks, which have been pounded to the degree a blow hole was created. FYI, signs do not help with severe cases of stupidity. Should we also place signs by the ocean, warning someone could drown? I do feel sorry for this lady, and the guy who died. But it’s incredibly hard to continue feeling sorry for someone who complains about signs, warning people to use common sense, when they were responsible for their own actions. I know exactly where these people were. Now, due to idiocy like this, this site will most likely be placed out of reach. Thank you, jackasses!

  • July 19, 2011 at 2:09 pm
    Kate says:
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    The man was 44 years old. He should have known better. I’m obviously sorry he died but he should not have needed a sign to determine the danger.

  • July 19, 2011 at 2:12 pm
    Chad Balaamaba says:
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    sequels in the works:

    Saltwater Sandy: “I was thirsty, so I filled my water canteens up with fresh water from the surf, and I nearly died. They should post warnings not to drink seawater. They told me it has salt in it; I was surprised since fish drink it and they don’t die. Someone needs to be responsible”

    Bob the buried: “I said it would be a great idea to bury me up to my chin in sand, but then I couldn’t breath, and water came up over my mouth; after the airvac rescued me, they said tide was just starting to come in, I didn’t know they got laundry detergent from the see…someone should post a warning sign”.

    Swimmin’ Sammy: “I love the ocean, I just dove in off the boat and remembered I couldn’t swim; someone should post a warning that the water can make you drown if you can’t swim, and I heard from a friend you should not drink it.”

    • July 19, 2011 at 3:15 pm
      Rusty says:
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      How could anyone dislike this comment?!!

  • July 19, 2011 at 2:38 pm
    D says:
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    Sorry for your loss. But, c’mon…really? I saw the picture on Yahoo of the guy standing right over the hole before it happened. It’s slippery, rocky, and unpredictable. It’s very easy to see and feel the danger. The water rushing out of one of those things really gets your attention.
    Sorry, but nobody is responsible but the victim here.

  • July 19, 2011 at 3:12 pm
    DDfan says:
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    I agree with all of these comments, but afterall – we do have notice on coffee cups that say “Hot”…

    • July 22, 2011 at 1:51 pm
      LeRoy says:
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      I have a lawyer lined up for my suit against Dairy Queen for brain freeze. No warning that eating/drinking their products too fast would cause such pain, leading to emotional distress and a paralyzing fear of hot fudge milkshakes.

  • July 19, 2011 at 3:14 pm
    Rusty says:
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    Don’t forget the shoelace manufacturer. They should have signs on the box clearly telling folks to put in double knot so they don’t come untied while dancing around a blowhole.

  • July 19, 2011 at 3:28 pm
    Hillsborough agent says:
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    If I die by getting sucked into a blowhole, I am giving you all permission to laugh hysterically.

  • July 19, 2011 at 3:49 pm
    DDfan says:
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    What do you all expect? We have “Hot” written on coffee cups!

  • July 19, 2011 at 3:50 pm
    Mschip says:
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    What do you all expect? We have “Hot” written on our coffee cups!

  • July 19, 2011 at 6:07 pm
    Ins Guy says:
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    The state should just admit the land is theirs, declare their statutory right to immunity from civil liability and move on.

  • July 20, 2011 at 8:44 am
    Jester says:
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    1. It’s a natural phenomenon
    2. It’s open and obvious
    3. The clown was a trespasser
    4. A sign wouldn’t have prevented this
    5. The unwed mother is looking for money to support her and her illegitimate son.
    6. She had enough sense not to mess with nature.
    7. There is no liability to anyone.
    8. Great candidate for the reality show “1,000 Ways To Die”.

    • August 22, 2014 at 2:29 pm
      james says:
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      Best comment ever!

  • July 20, 2011 at 10:51 am
    Christy says:
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    Does anyone else see a problem with this sentence?
    “Tika Hick told The Associated Press in a phone interview Friday from San Anselmo, Calif., that 44-year-old David Potts vanished into the ocean during a vacation to enjoy some time in the Maui sun before she undergoes a double mastectomy next week following a recent breast cancer diagnosis.”
    It seems as though further editing is needed.
    Regarding the content of the article itself, it is a shame that warning labels have to be placed on just about everything to protect the ignorant from themselves but until ignorance is abolished, the common sense people will just have to keep on supervising them & posting signs.

    • July 20, 2011 at 2:46 pm
      Salty says:
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      No. We just need to wait for the thinning of the herd to be complete.

  • July 20, 2011 at 1:52 pm
    just saying says:
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    speaking of signs…somewhere Bill Engvall is thinking….Here’s your sign!!! :)

  • July 20, 2011 at 2:11 pm
    George says:
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    i just needed to click on this article to make sure it wasn’t a whale related death. carry on.

    • July 20, 2011 at 2:48 pm
      Salty says:
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      …or porn related.

  • July 20, 2011 at 2:44 pm
    Salty says:
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    “He slipped because it was slippery”. Huh. Stunningly insightful.

  • July 21, 2011 at 3:16 pm
    Harley says:
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    As Queen would say “Another [Dumb] One Bites the Dust!”

  • July 21, 2011 at 4:00 pm
    Not so Funny!! says:
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    I agree with everybody’s posts and the guy was “not thinking”, but I got caught in one of those and nearly lost my life. They are intriguing and fun to play in but very dangerous. At 19, a bunch of us were jumping in one after having “a few” beers. It was a lot of fun until, duh, I jumped in at the wrong time and was hit by a wave. I was knocked out and ended up with 7 stitches on my head. Luckly one of the people I was with jumped in at the right time and pulled me out. A couple of chest compressions, and I was breathing again, 7 stitches and I was as good as new=) Don’t knock it till you’ve tried it!

    • July 26, 2011 at 10:36 am
      GL GURU says:
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      I don’t find it funny when someone dies and leaves a behind a fatherless child and a wife with breast cancer. What is funny is how some people make the stupid argument that it is someone elses fault. this is rediculous and as stated above mother nature placed pleanty of warning signs.

  • July 22, 2011 at 1:42 pm
    Superdogmom says:
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    Can someone say “attractive nusicence”? Maybe the State of Hawaii should go around & put up a fence around all of the blowholes to keep the curious, stupid, insert your own adjective here, people. I agree with an earlier comment that it’s just Mother Nature thinning out the herd. Another candidate for the Annual Darwin Award.

    You can’t make everything 100% safe for everyone and hold other people responsible for your own stupidity. I truly feel badly for the woman & her son but her fiance was responsible for his own actions.

  • July 25, 2011 at 10:56 am
    TxLady says:
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    By all means, let’s erect another sign. Maybe a whole list of things, the ocean can be unpredictable and cause drowing, use caution. The rocks can be slippery and cause a fall, use caution.The sun on the beach can be hot and cause a burn, use sunscreen. Swallowing salt water can make you sick, drinking while swimming, surfing, sailing, boating, can impair your judgement. I am sure a whole slew of signs of things people already know will make all the difference in the world. I am sorry for his loss, but it appears that this lady is trying to make some money to ease her pain and is even pulling the sympathy card with the statement about her health problems. That has nothing to do with the story, but yet was brought up. Somemtimes stupid acts have consequences and no one is at fault but the one who did the act.

  • July 25, 2011 at 11:51 am
    Not A Witch says:
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    There was a photo making the rounds online of this man. An unrelated person was taking a picture of his family/friends with the blowhole a little ways behind them. As it turns out the photo was taken just moments before he fell in. http://www.msnbc.msn.com/id/43749129/ns/us_news/t/tourists-saw-calif-man-fall-maui-blow-hole/

  • July 25, 2011 at 1:02 pm
    Mr. Fabo OC says:
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    We’ve protected the weak too long. Darwin was right!

  • July 27, 2011 at 12:56 pm
    Reality Check says:
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    One less vote for the Democrats, and obama?

  • August 22, 2014 at 2:22 pm
    james says:
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    “that 44-year-old David Potts vanished into the ocean during a vacation to enjoy some time in the Maui sun before Hick undergoes a double mastectomy next week following a recent breast cancer diagnosis.” Talk about a run on sentence.

    But the death is tragic.

  • January 12, 2016 at 10:08 pm
    Randall Respicio says:
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    While accidental deaths are always unfortunate, the lack of personal responsibility, far out-way any possible lack of warnings. Preparedness and common sense are always the best insurance.



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