§142-75 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]
Structure Hawaii Revised Statutes
Title 11. Agriculture and Animals
142. Animals, Brands, and Fences
142-1 Information and statistics.
142-3.6 Animal industry special fund.
142-4 Entry of animals without inspection prohibited.
142-7 Breeding in quarantine prohibited.
142-8 Notification of arrival.
142-9 Quarantine between islands.
142-10 Importing prohibited, when.
142-11 Forfeiture of animals, etc.
142-13 Reporting disease; penalty.
142-14 Sale of diseased animals; penalty.
142-16 Dairy and breeding cattle; tuberculin tests.
142-17 Branding of tuberculous cattle.
142-18 Disposal of tuberculous animals.
142-19 Indemnification for tuberculous animals.
142-20 Premises from which tuberculous cattle removed to be disinfected.
142-21 Cooperation with federal authorities.
142-22 Anaplasmosis; indemnity for slaughtered cattle.
142-23 Brucellosis testing; indemnity for slaughtered cattle.
142-23.1 Hog cholera eradication; indemnity.
142-23.5 Garbage feeding prohibited; penalty.
142-28.5 Animal quarantine special fund.
142-29 Enforcement; citation and summons.
142-30 Form of citation and summons.
142-31 Administration of oath.
142-41 Brands to be recorded, etc.
142-42 Expiration of registration, reregistration.
142-43 Right to a brand determined by department.
142-44 Owners of unbranded animals.
142-45 Using other's brand prohibited; penalty.
142-46 Using unregistered brand prohibited; penalty.
142-47 Obliterating brand; penalty.
142-48 Felonious branding; penalty.
142-49 Livestock ownership and movement certification.
142-62 Breaking, etc., of fence; penalty.
142-63 Trespass on fenced cultivated land.
142-64 On unfenced cultivated land.
142-66 On public roads, lands.
142-68 Fine for continued trespassing by animals.
142-70 Expenses, driving, etc.
142-71 Procedure to recover animals; owner notified before impounding.
142-72 Procedure, if owner believes impounding illegal.
142-74 Liability of dog owner; penalty.
142-75 Human bitten by dog; duty of dog owners; action against owner.
142-91 Destruction of animals ferae naturae.
142-92 Mongoose; keeping or breeding; penalty.
142-93 Harboring mongoose; penalty.
142-93.5 Mongoose; killing allowed.
142-94 Destruction of unconfined rabbits and Belgian hares.
142-95 Rabbits, Belgian hares, to be kept off ground; penalty.
142-96 Frightening animals; penalty.
142-97 Wild cattle through street; penalty.
142-99 Lost or rescued animals; penalty.
142-100 Beekeepers, registration; apiary program.