Dogs are often considered part of the family, but when a dog becomes aggressive and bites someone, serious injuries can result. In Hawaii, dog owners have legal obligations designed to protect the public and prevent these kinds of incidents. When owners fail to uphold these responsibilities and someone gets hurt, they can be held accountable under state law.

If you or a loved one has been bitten by a dog, it's crucial to understand your legal rights and the duties that the dog's owner may have violated. A knowledgeable Hawaii dog bite injury lawyer can help you determine whether you have a valid claim and how to pursue compensation for medical bills, pain and suffering, and other damages.

This guide outlines the legal responsibilities of dog owners in Hawaii, how dog owner liability is determined, and what victims can do to protect themselves after an attack.

Hawaii's Dog Bite Law: A Modified “Strict Liability” Rule

Hawaii does not follow a traditional one-bite rule, nor does it impose blanket strict liability in every situation. Instead, the state has adopted a modified strict liability standard that makes dog owners legally responsible for injuries caused by their dog, even if the dog has never shown signs of aggression before.

Under Hawaii Revised Statutes § 663-9, a dog owner is liable if:

  • Their dog bites or injures someone
  • The injury occurs in a public place or lawfully in a private place (including the victim's property)
  • The victim did not provoke the dog

This means a dog owner can be held responsible for a bite or attack regardless of whether they knew the dog was dangerous, as long as the bite occurred under lawful conditions and without provocation.

Duty to Control and Confine Dogs

One of the most important legal responsibilities of dog owners in Hawaii is to ensure their pet is properly restrained and under control at all times. This includes:

  • Leash laws: In most counties, dogs must be on a leash or securely confined when off the owner's property.
  • Enclosure requirements: If a dog is kept outside, it must be securely fenced or tethered in a way that prevents escape and protects others from being harmed.
  • Supervision: Owners are responsible for supervising their dogs and preventing them from roaming freely or acting aggressively toward others.

When an owner fails to confine or control their dog, and that failure leads to an injury, they may face civil liability and even criminal penalties in some situations.

Local Ordinances and Leash Laws

In addition to state law, Hawaii's counties (like Honolulu, Maui, Kauai, and the Big Island) have their own ordinances concerning dog ownership and control. Violations of these local rules can serve as strong evidence of negligence or fault in a dog bite claim.

Common local requirements include:

  • Dogs must be leashed in public spaces
  • Owners must clean up after their dogs
  • Dangerous or vicious dogs may require special permits or muzzling

Failure to follow these rules can increase a dog owner's liability if their pet causes harm.

Liability for Dog Bites on Private Property

Some dog owners believe they're not responsible if a bite happens on their own property. However, that's not necessarily true. Hawaii law states that a dog owner can still be held liable if the injured person was lawfully present, for example, as a guest, neighbor, postal worker, or utility technician.

The only exceptions may be:

  • If the victim was trespassing
  • If the dog was provoked (e.g., kicked or hit)
  • If the owner had taken reasonable precautions, such as posting warning signs and securing the dog

Even then, liability can still arise if the court finds the owner didn't do enough to prevent foreseeable harm.

Dog Owner Liability for Non-Bite Injuries

Dog owners in Hawaii can also be held liable for non-bite injuries caused by their pets. This includes:

  • A dog knocking someone over and causing a fall
  • A dog chasing a bicyclist or jogger and causing a crash
  • A dog causing emotional trauma, especially to children

These types of incidents still fall under personal injury law, and the standard for proving liability is typically based on negligence. A dog owner who failed to control their animal in these scenarios may still be responsible for the resulting injuries.

What to Do If You've Been Bitten by a Dog in Hawaii

If you or a loved one suffers a dog bite, taking the right steps immediately afterward can help protect your health and strengthen your legal claim. Here's what to do:

Seek Medical Attention

Even seemingly minor bites can lead to serious infections, nerve damage, or scarring. It's important to have the wound cleaned, treated, and documented by a medical professional.

Report the Bite

File a report with the local animal control agency or police department. This creates an official record and may prompt an investigation, especially if the dog has bitten before.

Identify the Dog and Owner

Get the name, address, and contact information of the dog's owner. Also, ask whether the dog is up to date on vaccinations, particularly rabies.

Document the Incident

Take photos of your injuries, the location where the bite occurred, and the dog if possible. Keep copies of all medical records and receipts related to your treatment.

Contact a Hawaii Dog Bite Injury Lawyer

A skilled attorney can help you determine whether the owner violated their legal responsibilities and assist in filing a compensation claim.

Compensation Available in Dog Bite Cases

Victims of dog bites may be entitled to financial compensation for a range of damages, depending on the severity of the injuries and the circumstances of the attack. A successful claim may include:

  • Medical expenses: ER visits, surgery, medication, physical therapy
  • Lost wages: Time missed from work during recovery
  • Pain and suffering: Physical pain, emotional distress, trauma
  • Disfigurement or permanent injury: Scarring or long-term impairment
  • Property damage: Torn clothing, damaged personal items

In rare cases, punitive damages may be awarded if the dog owner's conduct was especially reckless, for example, allowing a known dangerous dog to roam freely.

When Dog Owners May Defend Against Liability

Although Hawaii law favors bite victims, dog owners may assert defenses to reduce or eliminate their liability. These defenses may include:

  • The victim provoked the dog by hitting or teasing it
  • The victim was trespassing or otherwise on the property unlawfully
  • The injury was caused by a third party or an unavoidable accident

These claims don't automatically negate the owner's responsibility, but they may reduce the compensation awarded if the court finds the victim partially at fault.

Statute of Limitations for Dog Bite Claims in Hawaii

Hawaii has a two-year statute of limitations for personal injury claims, including dog bite cases. This means you must file your lawsuit within two years of the date of the injury. If you wait too long, you may lose your right to recover compensation, regardless of the merits of your case.

That's why it's critical to act quickly and speak with a lawyer who can build your claim immediately.

Contact Leavitt, Yamane & Soldner for a Free Consultation

If you've been bitten or injured by a dog in Hawaii, you have legal options, and you don't have to face them alone. An experienced Hawaii dog bite injury lawyer from Leavitt, Yamane & Soldner can help you understand your rights, prove dog owner liability, and pursue full and fair compensation for your injuries. Call us today at (808) 518-6913 for a free consultation and take the first step toward healing and justice.

Reposted with authorization from its original publication on Leavitt, Yamane & Soldner Law Firm.