Family Settles Lawsuit Over Vacation Deaths

A Kentucky woman received a $5 million settlement from the National Park System for the deaths of her husband and daughter who were killed when they washed over a waterfall in Haleakala National Park near Maui, Hawaii.

Dr. Holly Brown of Louisville was vacationing with her husband Kevin, 11-year-old son Clayton and 8-year-old daughter Elizabeth in 2003.  They were hiking off-trail toward Makahiku Falls, a popular destination for tourists that requires wading across the normally placid Palikea Stream.  An electronic sign warning of high water wasn’t working that day.

The husband waded out to help his family across the stream.  He first helped his daughter, but they both slipped on the slick rocks.  Then, a 6-foot wall of water from a flash flood pulled both Kevin and Elizabeth Brown headfirst over the precipice of Makahiku Falls, and they both plunged 184 feet to their deaths.

“They had no reason to think walking across those rocks was dangerous,” said family attorney John Cox.  “This wall of water came around the bend and got them.”  Park officials said there have been nine deaths at the falls since 1983.

The settlement does not require the government to admit wrongdoing or fault in the deaths.  And that’s because the government didn’t do anything wrong.

Our condolences to the Brown family for their tragic loss.  But a national park is not Disneyworld — it’s a wild open space full of wonder and danger.  The government should be responsible for the visitors centers.  It should have less liability on park roads and established trails.  But for everywhere else in the park, people should enjoy it at their own risk.  You cannot bubblewrap nature and remove all threats of animal attacks, poisonings, falls, floods, storms, etc.  People need to take responsibility for their own safety.  And sometimes bad things happen to good people.

Story at Newsday