Human bitten by dog; duty of dog owners; action against owner
HRS §142-75
in effect142-75. Human bitten by dog; duty of dog owners; action against owner
(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident.
(b) Whenever a dog has bitten a human being
under circumstances for which none of the exceptions specified in section
663-9.1 apply, any person may bring an action against the owner of the dog in
the district court of the judicial circuit in which the owner resides, to
determine whether conditions of the treatment or confinement of the dog or
other circumstances existing at the time of the bite or bites have been changed
so as to remove the danger to other persons presented by the animal. The
court, after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including but not limited to the removal of the
animal from the area or its destruction by its owner. In making its decision,
the court may consider:
(1) The vicious or dangerous propensities of the
animal;
(2) The ability of the owner to adequately confine or
remove the animal; and
(3) The necessity of any destruction of an animal in
light of the health, safety, and welfare of the community.
This section shall not preclude any existing common
law remedies.
(c) Each county may enact and enforce
ordinances regulating persons who own, harbor, or keep any dog that has bitten,
injured, or maimed a person. No ordinance enacted under this subsection shall
be held invalid on the ground that it covers any subject or matter embraced
within any statute or rule of the State; provided that the ordinance shall not
affect the civil liability of a person owning, harboring, or keeping the dog.
Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001,
the ordinance shall have full force and effect; provided that the ordinance is
consistent with this section.
[L 1980, c 283, §2; am L 2001, c 222, §2; am L
2021, c 30, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0142/HRS_0142-0075.htmFetched: 11/10/2026