Hawaii Dog Bite Liability

Hawaii's statute reads like strict liability — it explicitly eliminates the knowledge requirement. But Hawaii courts have interpreted it not to impose true strict liability on ordinary dog owners, leaving victims to prove negligence, knowledge, or an intentional act in practice.

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A statute the courts didn't apply as written

HRS §663-9(a) states an owner "shall be liable in damages... regardless of the... lack of scienter of the vicious or dangerous propensities of the animal" — textbook strict liability language. Separately, §663-9(b) imposes absolute liability for animals "known by species or nature to be dangerous, wild, or vicious."

Hawaii courts have held that dogs don't categorically fall into that second, stricter category — "dogs are not dangerous, wild or vicious by species or nature" — and have generally required victims to prove negligence, negligence per se, scienter, or an intentional act, despite the statute's seemingly strict text.

HRS §663-9.1 provides a provocation-style exception: no liability if the damage resulted from the animal being teased, tormented, or abused, without the owner's negligence, direction, or involvement.

Injured in Hawaii?

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Official sources

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Hawaii statute and case law. Confirm how these rules apply to your specific case with a licensed Hawaii attorney.