Hawaii Dog Bite Laws

On August 1, 2023, a 71-year-old man was attacked and killed by four dogs at the Hawaiian Ocean View Estates in Hawaii County. More than two months prior, a 51-year-old woman suffered serious injuries in an attack by two dogs. The dogs consisted mostly of pit bulls and similar mixed breeds, as well as a Staffordshire Terrier.

While pit bulls are often seen as dangerous dogs, people should note that any dog is capable of attacking people under certain circumstances. Even family dogs can harm their owners, making dog bite cases more common than one might initially think.

To preserve the safety of residents and help them pursue compensation from neglectful owners, Hawaii enforces various laws and ordinances related to dog bites and ownership. This article will provide people with an explanation of these laws to help them assess their legal options.

Dog Owner Responsibilities in Hawaii

In order to ensure their pets’ wellbeing and prevent untoward occurrences, dog owners in Hawaii must adhere to the state’s ordinances for dog ownership. Primarily, all dogs must be given the necessary sustenance, including:

• A sufficient and accessible supply of food and water.

• Protection from the elements.

• Shelter that is regularly kept clean and free of waste.

Any individual who fails or neglects to provide sustenance for their dog will be charged with cruelty to animals. The same applies to those who willfully inflict harm upon their dog, confine them under inhumane conditions, or tether them with improper materials.

Leash Requirements

All dogs in public spaces in Hawaii must have a muzzle and a leash that do not exceed eight feet in length, though this often depends on the area. For instance, the maximum length for leashes in Hawaii County is six feet, according to Article 4, Section 29 in Chapter 4 of the local Code. The county also prohibits dogs from entering any local beach park, even if they are leashed.

Microchipping

Another requirement for dog owners in Hawaii is to give their pets an ID through a microchip. Once implanted, the chip will allow a dog to be identified when scanned at a veterinary clinic or shelter. Dog owners can approach local veterinarians or the Hawaii Island Humane Society to have their pet microchipped.

Noise Control

In terms of noise control, Hawaii requires all counties to enact ordinances that prohibit dogs from barking or howling incessantly. If a dog does so for 10 minutes straight or for a cumulative period of 30 minutes, its owner will be penalized. Complaints regarding noisy dogs can be submitted to local law enforcement agencies.

Vaccination

Hawaii is the only state in the country that does not require dogs to be vaccinated against rabies. However, all dogs entering the state must have been vaccinated at least twice in their lifetime. Each subsequent vaccination must occur after a minimum period of 30 days. In addition, their latest vaccination must be within 30 days before their arrival in the state.

Breed-Specific Legislation in Hawaii

There are certain states in the country that ban dog breeds such as pit bulls. This is because of recent studies showing how these specific breeds pose a higher risk of biting people, especially children. In Hawaii, there have been multiple instances of pit bulls and similar breeds injuring people, with some cases resulting in deaths.

Currently, Hawaii no longer prohibits people from owning pit bulls. Instead, the state has categorized them as “restricted” or dangerous dogs. This means there are stricter requirements for those who wish to own such pets.

Like all other dogs, pit bulls in Hawaii must be microchipped and registered under Hawaii law. Their owner must also obtain proof of liability coverage worth a minimum of $100,000. This will help them pay for any resulting damages if their pit bull harms anyone.

Hawaii in general requires all dangerous dogs to be restrained with a leash that is at most three feet long when in public. In addition, pit bull owners must follow any other local regulations. For example, Honolulu County requires pit bulls in public to be muzzled while leashed.

Hawaii’s Breed Code List

Hawaii also has a list of specific dog breeds that are allowed to enter the state, as determined by the Plant Quarantine Branch. Any breeds that are not on the list may not enter.

Liability Standards in Hawaii Dog Bite Cases

A dog owner’s liability determines whether they must be held fully accountable for any injuries or damages caused by their pet. As a one-bite state, Hawaii follows the doctrine of strict liability in dog bite cases. This applies even if the owner is unaware of their pet’s risk or tendency to harm a person.

If the dog is deemed dangerous under state law, the owner will be held “absolutely liable,” regardless of whether or not they were negligent.

On the other hand, strict liability will not apply if:

• The victim was trespassing at the time.

• The dog was defending itself or another person.

• The victim was harassing, abusing, or tormenting the dog without the owner’s involvement or knowledge.

If any of these factors are present in a dog bite case, Hawaii’s modified comparative negligence rule may apply. Under this legal doctrine, a person who is partially liable for their injuries will have their total damages reduced based on the percentage of their fault. If this percentage reaches or exceeds 51%, they will be barred from recovering any damages.

Concerning Police Dogs

Police dogs, also known as K9 units, are trained specifically to attack in law enforcement operations. Because of this, ordinary liability rules do not immediately apply to them. A K9 unit’s handler and other related parties can only be sued if:

• The handler used unreasonable or excessive force (such as unleashing the dog on someone who committed only a light offense).

• The handler was negligent in controlling the dog.

• The dog bit someone outside of a police operation.

Concerning Veterinarians

Veterinarians are generally aware that dog bites are occupational hazards in their line of work. Due to this fact, it may be difficult for them to sue for damages if they are bitten while treating or examining a dog.

However, a veterinarian can still pursue compensation if the dog had a vicious temperament and its owner failed to inform them about it. They can also sue if the dog attacked them before they agreed to treat or examine it, or if the owner brought the dog in without prior permission.

Statute of Limitations in Hawaii for Dog Bite Cases

Dog bite victims have a maximum of two years to file their lawsuit against owners and related parties. This deadline starts counting down from the date when a victim suffered their injury. If they fail to file within two years, it is likely that their case will be dismissed.

However, Hawaii does pause or “toll” this deadline if the victim is a minor, declared insane, or imprisoned for a term shorter than their life. It will only begin or continue its countdown once the person has turned 18, recovered from their insanity, or been released from prison.

Civil Penalties for Dog Bites in Hawaii

As mentioned above, dog owners in Hawaii must pay for any resulting damages if their pet bites another person. This includes the victim’s medical costs and damaged property.

Under Hawaii law, the owner of a dog that previously bit someone must also prevent such an incident from occurring again. However, a person can take legal action against them in order to determine whether they have taken such preventive measures.

When this occurs, the court may decide whether to have the offending dog removed or killed. Counties in the state are also given the authority to regulate dogs that have attacked people before.

Furthermore, owners can face additional sanctions if their dog was not leashed when it bit someone. In Honolulu, for example, the initial penalty for such an offense is a $50 fine. This increases with subsequent offenses and can even lead to imprisonment.

Criminal Penalties for Dog Bites in Hawaii

There are harsher penalties involved if a bite case involves a dangerous dog. If such a dog injures someone, its owner will be charged with a class C felony. They will be fined up to $5,000 and sentenced to at least one year of imprisonment. Additionally, their dog will be killed as a result.

Dangerous dog owners are also penalized if they let their pet roam unattended in public after they have been previously cited. This offense, which is a misdemeanor, leads to a fine of $2,000 and probation for six months. Likewise, their dog will be killed.

Reporting and Handling Dog Bite Incidents

A dog bite victim needs to immediately wash and clean the wound with soap and water to reduce the chances of infection. As a precaution, they should go to a doctor for a checkup or treatment.

While rabies may be a concern, it is important that the victim does not panic and instead follows any instructions given to them by their doctor. They can be given a tetanus or rabies shot if needed.

After or while receiving treatment, the victim can also prepare to report the incident to the local authorities or the Hawaii Humane Society. This is important, especially if the dog that bit them is a stray or classified as dangerous under state law.

If possible, the offending dog will be contained and observed for signs of rabies. If the dog is dangerous and has an owner, the latter will be cited for the incident. They will also be sanctioned if they violate other ordinances. If the dog shows any rabies-related symptoms or is classified as dangerous, it will be killed.

How To Find a Dog Bite Attorney in Hawaii

When forming a dog bite claim, a victim must take note of the local laws and guidelines involved. They must also assess the type of damages that they wish to recover and the circumstances surrounding their case. For this, they can work with a dog bite lawyer who knows about the legal process and state ordinances.

Other Resources for Dog Bite Victims in Hawaii

Hawaii Humane Society

The Hawaii Humane Society is a nonprofit organization that raises awareness about animal laws in the state and advocates for the safety and wellbeing of people and animals. Users can visit its website for information regarding citizen complaints, microchipping, dog behavior, and canine bite history.

Honolulu Police Department - Animal Nuisance and Dangerous Dog Complaints

Residents living in Honolulu can check the local Police Department’s website to learn about how to file complaints involving animal nuisances and dangerous dogs. They can also read a breakdown of the process and the ordinances involved. For non-emergency matters, the department can be contacted at (808) 529-3111.

Maui Humane Society

Maui Humane Society is open to local residents who wish to report dog bite incidents, leash law violations, and potential nuisances. Its website can also redirect users to Title 6 of the Maui County Code, which will allow them to learn more about the county’s animal-related laws and statutes.