Dog attacks can leave lasting scars—both physical and emotional. If you’ve been bitten in Hawaii, you may be wondering: Can I sue for a dog bite injury in Hawaii?
Yes. Under Hawaii’s dog bite statute (HRS § 663-9), owners are strictly liable for injuries their dogs cause, even if the dog has no prior history of aggression. Victims can sue for medical bills, lost wages, and pain and suffering.
At Olson & Sons, our Kona and Kamuela attorneys have decades of experience representing dog bite victims and securing maximum compensation. Call (808) 331-3113 for a free consultation today.
Hawaii Dog Bite Law Explained
Hawaii follows a strict liability rule for dog bites. This means dog owners in Hawaii are liable for injuries caused by their pets in most situations:
- Victims do not need to prove negligence or that the owner knew the dog was dangerous.
- Owners are responsible for all damages caused by their dogs, including medical expenses and non-economic losses.
- The rule applies whether the bite occurred in public or on private property (as long as you were lawfully present).
This law provides stronger protection for victims than many other states, which follow the “one-bite rule.” Hawaii is considered a ‘one bite state’ in terms of dog bite liability, meaning owners are held accountable even if their dog has not bitten anyone before.
What Damages Can You Recover in a Dog Bite Lawsuit?
A successful Hawaii dog bite claim can compensate you for both financial and non-financial losses:
- Medical expenses – ER visits, stitches, rabies shots, surgery, rehabilitation
- Lost wages – missed work time during recovery
- Future earning capacity – if the injury affects long-term ability to work
- Pain and suffering – physical pain and emotional distress
- Scarring and disfigurement damages – especially common with facial or hand injuries
- Psychological trauma – PTSD, anxiety around animals, therapy costs
Tip: Courts recognize that scars and emotional harm can be just as devastating as physical wounds.
How Long Do You Have to Sue for a Dog Bite in Hawaii?
The statute of limitations in Hawaii is two years from the date of the injury (HRS § 657-7). This means victims must file their personal injury claims, including dog bite cases, within this two-year period to seek compensation.
Failing to file within this period usually bars recovery. Speaking with a lawyer early ensures evidence—like medical records, witness statements, and photographs—is preserved.
Common Defenses in Dog Bite Cases
While Hawaii law is favorable to victims, owners and insurers may raise defenses such as:
- Trespassing – if you were unlawfully on private property, dog owners in Hawaii may not be held liable for injuries. Dog owners can defend themselves in a dog bite lawsuit if the victim was trespassing.
- Provocation – if you teased, hit, or provoked the dog
- Law enforcement animals – bites from police dogs during lawful duties may be exempt
- Contributory negligence – if the victim’s own actions contributed to the incident
- Trespassing – if you were unlawfully on private property
- Provocation – if you teased, hit, or provoked the dog
- Law enforcement animals – bites from police dogs during lawful duties may be exempt
Having skilled legal counsel is critical to counter these defenses and prove your right to recovery.
What to Do After a Dog Bite in Hawaii
Following the right steps immediately strengthens your case:
- Seek emergency medical care and follow treatment plans.
- Report the bite to local authorities or animal control.
- Document the scene with photos of injuries, the dog, and the location. Taking photographs of injuries and the scene can significantly strengthen a dog bite victim’s legal claim.
- Identify the dog and owner for liability and insurance purposes.
- Avoid direct negotiations with the owner’s insurer before consulting an attorney.
Hawaii Dog Bite Statistics and Risks
- Children under 10 are the most frequent victims of dog bites.
- Hands, arms, and faces are the most commonly injured areas.
- Infections from untreated dog bites occur in 10–15% of cases.
These risks underline why Hawaii law holds dog owners accountable from the first bite.
Fault and Compensation Examples
| Scenario | Result |
|---|---|
| Bitten while jogging on a public trail | Owner strictly liable for full damages |
| Child bitten at neighbor’s yard party | Full recovery—lawful presence |
| Intruder bitten while trespassing | Claim barred by trespass defense |
| Dog provoked by kicking or teasing | Damages reduced or denied |
Hawaii’s Strict Liability vs. Negligence Claims
While HRS § 663-9 imposes strict liability for dog bites, some cases may also involve negligence theories. Negligence occurs when a dog owner fails to exercise ordinary care to prevent a dog from attacking someone:
- Failure to leash a dog in violation of local ordinances
- Failure to warn guests about a known aggressive pet
- Harboring multiple unrestrained dogs
The Hawaii dog bite statute allows victims to sue based on negligence if proper safety measures were not in place.
- Failure to leash a dog in violation of local ordinances
- Failure to warn guests about a known aggressive pet
- Harboring multiple unrestrained dogs
Why it matters: Pursuing both strict liability and negligence claims can increase potential recovery and preserve backup legal theories if one is challenged.
The Role of Local Ordinances in Hawaii Counties
Each island county (Honolulu, Maui, Hawaii, Kauai) may have animal control rules about leashing, licensing, and dangerous dogs. Dog owners in Hawaii must keep their pets restrained or under control at all times to avoid liability. Failing to confine or control a dog can lead to civil liability and even criminal penalties for the owner. Local ordinances in Hawaii may impose additional requirements on dog owners, and violations can serve as evidence of negligence.
- Honolulu County – strict leash laws for public spaces
- Maui County – permits animal control officers to declare a dog dangerous
- Hawaii County – penalties for owners of unrestrained dogs causing harm
Local ordinance violations often strengthen liability and can influence settlement leverage.
Public Health Concerns From Dog Bites
Dog bite injuries are more than skin deep. Victims face risks such as: Dog owners in Hawaii must ensure their dog is properly restrained and under control at all times to avoid liability for any injuries caused.
- Rabies protocols – while rare in Hawaii, post-bite rabies treatment is standard if vaccination history is unclear
- Serious infections – Pasteurella, MRSA, and sepsis risks
- Tetanus – risk if vaccination is outdated
Medical documentation of treatment strengthens both health and legal recovery claims.
Long-Term Impacts of Dog Bite Injuries
Courts in Hawaii recognize that dog bites can have permanent consequences:
- Nerve damage in hands or legs affecting function
- Facial scarring and disfigurement requiring reconstructive surgery
- Psychological harm such as fear of animals or PTSD
These factors are critical when calculating pain, suffering, and future damages.
Insurance Coverage in Hawaii Dog Bite Cases
Most payouts come from homeowner’s or renter’s insurance policies. Insurers may:
- Deny coverage if the dog was a restricted breed under the policy
- Limit payouts to policy maximums
- Require lawsuit filing if negotiation fails
An attorney ensures policies are fully explored, and excess liability claims are preserved if damages exceed insurance coverage.
Why You Need a Local Hawaii Dog Bite Attorney
Dog bite cases in Hawaii involve local ordinances, medical care standards, and insurance laws. Olson & Sons provides:
- Strict liability case analysis to confirm your claim
- Evidence preservation including medical records and animal control reports
- Negotiation leverage with insurers to increase settlement value
- Trial-tested strategies for cases where insurers refuse fair payouts
Call (808) 331-3113 or request a free consultation today. You pay no fee unless we win.
Further Reading:
- Hawaii Dog Bite Statute – HRS § 663-9
- CDC – Preventing Dog Bites
- Hawaii Department of Health – Animal Bites
- AVMA – Dog Bite Facts and Prevention
Frequently Asked Questions
Do I need to prove the dog had bitten before?
No. Hawaii’s strict liability law applies regardless of the dog’s history.
Can I sue if the dog bite happened on the owner’s property?
Yes, as long as you were lawfully there (guest, delivery person, utility worker).
Can emotional trauma be part of my claim?
Yes. PTSD, anxiety, and lasting fear of dogs can all support compensation.
Who pays for damages in a dog bite case?
Usually the dog owner’s homeowner’s or renter’s insurance covers payouts.
What if the bite was minor?
Even small bites may require costly treatment, antibiotics, or stitches, and you can still pursue compensation.
