Hawaii Dog Bite Lawyer — Free Consultation
Mixed Statute State
Hawaii is often called a strict liability state and is not one — HRS § 663-9 removes the need to prove the owner knew the dog was dangerous, but the owner’s conduct must still be shown unreasonable.
Your Rights After a Dog Bite in Hawaii
If a dog bit you in Hawaii, the statute helps you in a specific and frequently misunderstood way. HRS § 663-9 provides that an animal's owner or harborer is liable regardless of their lack of scienter — meaning you do not have to prove they knew the dog was dangerous. That is the single hardest element in a traditional dog bite claim, and Hawaii takes it off the table.
What it does not do is create strict liability. Hawaii's Intermediate Court of Appeals has held that § 663-9 does not establish strict liability for dog bites; it clarifies that a victim basing their claim on negligence need not prove scienter, so long as the owner's conduct is shown to be unreasonable. Hawaii is routinely listed as a strict liability state in national summaries, and that is not what its courts have said.
In practice that places Hawaii closer to Nevada or Texas than to California or Florida. The claim turns on what the owner did rather than what the owner knew — a dog off-leash where leashing was required, a gate that had been broken for weeks, an animal left with someone unable to control it.
There is one route where liability is genuinely absolute. Section 663-9 imposes absolute liability where the animal is known by its species or nature to be dangerous, wild or vicious. That rarely reaches an ordinary domestic dog, but where it applies the owner's conduct is beside the point.
Fees are contingency, nothing upfront, commonly around a third of any recovery, and typically nothing owed if there is no recovery. Hawaii claims often need more investigation than the strict liability label implies, which is a reason to have one assessed rather than a reason to assume it is straightforward.
Timelines depend on how contested the owner's conduct is. A loose dog with a Hawaiian Humane Society investigation record can resolve in months; a case where the owner insists nothing was wrong with their fence takes longer, because that evidence has to be assembled.
Some bites do not need a lawyer. What changes it here: an insurer whose position is that the owner did nothing wrong — that is an argument about the element you must prove; any injury requiring surgery or leaving a scar; a child victim; a denied claim; and any incident involving a county, because of the six-month notice requirement.
The evidence that decides a Hawaii claim: photographs of the wound over time, photographs of the property including fencing and gates, the Hawaiian Humane Society investigation record, witness contacts, the owner's insurance details, and anything showing how the dog was normally kept — which matters more here than the statute's headline suggests.
5 questions a Hawaii attorney will ask you
Answer these to see which factors strengthen or complicate a claim under Hawaii law.
Question 1 of 5
What was the owner doing — or failing to do — with the dog?
Hawaii removes the knowledge requirement but still asks whether the owner acted reasonably.
Hawaii Dog Bite Laws
The statutory language reads broadly: an animal owner or harborer is liable in damages regardless of their lack of scienter of the animal's vicious or dangerous propensities. Read alone, that sounds like California's § 3342 or Florida's § 767.04.
Full breakdown of the statute, comparative negligence rules, and exceptions: Hawaii Dog Bite Laws →
What Compensation Can You Recover?
Economic damages are the documented losses: emergency and follow-up treatment, reconstructive and revision surgery, physical therapy, lost wages, and the projected cost of future care.
Non-economic damages cover pain and suffering, emotional distress, and permanent scarring or disfigurement. Hawaii caps non-economic damages in medical tort actions only, so an ordinary dog bite claim is not statutorily limited.
Most claims are paid from a homeowners or renters policy, typically carrying $100,000 to $500,000 in limits. Hawaii's high proportion of renters and multi-unit housing makes renters policies and building liability policies a more common source of coverage here than in many states.
A child's claim carries the usual premium for facial or hand scarring that may need revision surgery as the child grows, and HRS § 657-13 tolls the two-year limitations period during minority. Because a Hawaii claim rests on the owner's conduct rather than the dog's history, independent witnesses matter particularly where a young child cannot describe what happened.
See typical dollar ranges: Hawaii Settlement Amounts →
Steps to Take After a Dog Bite
Hawaii's first steps carry one emphasis that follows from how the statute actually works. Get medical care the same day — bite wounds carry a real infection risk from Pasteurella and Capnocytophaga, and a same-day record anchors the claim. Then document the owner's conduct, not just your injury. Because HRS § 663-9 removes the need to prove the owner knew the dog was dangerous but still requires showing they behaved unreasonably, the useful evidence is about how the dog was being kept: whether it was on a leash, whether a gate or fence had failed, whether anyone was actually able to control it. Photograph the property, note whether a leash requirement applied, and ask neighbours whether the dog had been loose before. Get the owner's name, address, phone and insurance details. Report the bite — on Oahu that means the Hawaiian Humane Society, which is the only authority outside the Honolulu Police Department able to investigate on behalf of the City and County. Photograph the wound immediately and through healing. And if a county is a potential defendant, treat the six-month notice requirement under HRS § 46-72 as the operative deadline rather than the two-year rule.
What happens after a dog bite in Hawaii
Most claims move through the same six stages. Timings vary — these are typical, not guaranteed.
The bite
Day 0Get the owner's name, address, phone and insurance details before leaving if you safely can, and photograph the scene — in Hawaii that includes any posted signage, not just the wound.
Medical treatment
Same dayDog bites carry a real infection risk from bacteria like Pasteurella and Capnocytophaga. A same-day record also becomes the document every later stage of the claim rests on.
Report & evidence
Days 1–7Report to animal control, which starts the rabies observation period and creates a timestamped official record independent of the owner. Photograph the wound again as it heals, and collect witness contacts.
Insurance claim
Weeks 1–8Most claims are paid by the owner's homeowners or renters policy. Adjusters typically call early to request a recorded statement — their job is to limit the payout, so it's worth getting advice before you're on record.
Attorney consultation
Any time — freeConsultations are free and contingency-based, so cost is rarely the deciding factor. Most attorneys will tell you plainly if a claim is simple enough to handle alone.
Settlement or lawsuit
Before the 2- years from the date of the bite deadlineMost claims settle without a lawsuit. If yours doesn't, Hawaii requires suit within 2 years from the date of the bite (Haw. Rev. Stat. § 657-7) — and an attorney generally won't settle before your treatment reaches maximum medical improvement.
Statute of Limitations
Hawaii allows two years from the date of the bite under HRS § 657-7, covering both a § 663-9 claim and any parallel negligence theory. Hawaii applies a discovery rule in limited circumstances where the injury or its cause was not reasonably discoverable at the time, though that is a narrow exception rather than something to plan around. For a minor, HRS § 657-13 tolls the limitations period during minority, so the two years generally begins when the child turns 18. A wrongful death claim under HRS § 663-3 also runs two years, measured from the date of death rather than the date of the attack where those differ. The deadline that most often ends Hawaii claims is the county one. HRS § 46-72 requires written notice within six months where a county is a potential defendant — and because the City and County of Honolulu covers the whole of Oahu, that captures a substantial share of the state's population. A bite involving a police K-9, a county-owned animal, or an incident on county property therefore runs on a six-month clock rather than a two-year one. Claims against the State proceed separately under the State Tort Liability Act in HRS Chapter 662, with its own procedures and limits.
Full breakdown of the statute, its exceptions, and how shared fault is handled: Hawaii dog bite laws →
Find a Dog Bite Lawyer Near You in Hawaii
Hawaii dog bite questions, answered
The questions Hawaii readers ask most often. General information, not legal advice.
Is Hawaii a strict liability state for dog bites?
No, despite frequently being described as one. HRS § 663-9 provides that an animal owner is liable regardless of their lack of scienter — meaning you need not prove they knew the dog was dangerous. But Hawaii's Intermediate Court of Appeals has held the statute does not establish strict liability for dog bites: it removes the scienter element from a claim that still requires showing the owner's conduct was unreasonable.
What does § 663-9 actually do for me then?
It removes the hardest element of a traditional one-bite claim. In Texas or Idaho you would need to prove the owner knew or had reason to know the dog was dangerous. In Hawaii you do not — you need only show the owner acted unreasonably, which is usually established by concrete facts such as a loose dog, a failed gate, or inadequate restraint.
When is liability absolute in Hawaii?
Section 663-9 imposes absolute liability where the animal is known by its species or nature to be dangerous, wild or vicious. That is a stricter standard than applies to an ordinary domestic dog, and it does not depend on the owner's conduct at all.
How long do I have to file in Hawaii?
Two years from the date of the bite under HRS § 657-7. For a minor, § 657-13 tolls the period until they turn 18. A claim against a county requires written notice within six months under HRS § 46-72, and claims against the State proceed under the State Tort Liability Act in Chapter 662.
Can I recover if I was partly at fault?
Up to a point. HRS § 663-31 reduces your damages by your share of fault and bars recovery once your negligence is greater than the aggregate negligence of the defendants. Provocation is particularly damaging in Hawaii because it works twice — it raises your fault share and undercuts the argument that the owner behaved unreasonably.
Who investigates dog bites on Oahu?
The Hawaiian Humane Society, which is the only authority outside the Honolulu Police Department able to rescue animals and investigate cruelty on behalf of the City and County of Honolulu. Bite investigations and the resulting records run through that arrangement rather than through a municipal animal control department.
Are any breeds restricted in Hawaii?
No. Hawaii has no statewide breed-specific legislation, and county ordinances are behaviour-based. Breed is not part of the § 663-9 analysis. Note separately that Hawaii's strict animal quarantine rules exist for rabies prevention and are unrelated to bite liability — Hawaii is rabies-free.
What should I do right now?
Tick these off as you go. Nothing is saved — this is a checklist to work through, not a form.