Hawaii Dog Bite Laws

Hawaii’s dog bite statute, Haw. Rev. Stat. § 663-9, imposes liability upon owners under a variation of the strict liability theory. Under the statute, generally the owner of a dog that causes injuries or property damage would be liable to the victim. The victim must be able to show that their injuries were directly linked to (that is, caused by) the attack. If the owner had knowledge that the dog has been vicious in the past, however, they may be held strictly liable due to the fact that such owners must take reasonable steps to prevent their dog from hurting anyone else. Owners can assert certain defenses in order to avoid liability. The owner would not be liable if the victim was trespassing at the time of the bite, abusing the dog, or provoking the dog.

Additionally, Hawaii allows dog bite victims to pursue a negligence claim in other situations or in order to recover additional damages. A negligence claim requires the victim to prove that the owner owed them a duty (here, a duty to exercise reasonable care in controlling the dog), the owner breached that duty, and their injuries were proximately caused by this breach.