How to File an Animal Incident Claim in Hawaii: A Step-by-Step Guide

TL;DR: Hawaii law holds animal owners and harborers liable when their pet injures you — even if the animal had no prior history of aggression. You generally have two years from the date of injury to file a claim. Acting fast, documenting everything, and working with a qualified attorney gives you the best shot at full compensation. Talk to us at DearLegal to get matched with a Hawaii animal incident attorney today.

Hawaii Revised Statutes § 663-9 is the backbone of animal owner liability in the state. Under subsection (a), an owner or harborer of an animal is liable for personal or property damage the animal causes — regardless of whether the owner knew the animal was dangerous. Subsection (b) goes further: if the animal belongs to a species known to be dangerous, wild, or vicious, the owner faces absolute liability.

That said, Hawaii courts have interpreted § 663-9 in a nuanced way. Rather than imposing blanket strict liability in every dog bite case, Hawaii has adopted a modified strict liability standard — you still need to show the owner's conduct was unreasonable, or that the owner knew the dog was dangerous. The owner-or-harborer language also matters: you may have a claim not only against an animal's legal owner but also against anyone who was keeping or sheltering the animal at the time of the incident.

Key exemptions under § 663-9.1: An owner is NOT liable if you were trespassing unlawfully on their premises, if you teased or tormented the animal, or if the animal's force was legally justified. Understanding these exceptions before you file helps you avoid common pitfalls.

Hawaii's animal liability framework covers more than dog bites. Any animal — domestic or otherwise — can give rise to a claim if it proximately causes you harm. Common incidents include:

• Dog bites and mauling injuries
• Knockdown injuries (a dog jumping on or running into a person)
• Livestock or horse-related injuries
• Exotic or wild animal attacks
• Property damage caused by an animal

Non-bite injuries still fall under personal injury law. If a dog lunges and knocks you down a flight of stairs, for example, the owner can be liable for your medical bills, lost wages, and pain and suffering — the same categories of damages available in a bite case.

Hawaii Revised Statutes § 657-7 sets a two-year statute of limitations for personal injury claims, including animal incident cases. In most situations, the clock starts running on the date you were injured.

There are limited exceptions worth knowing:

• Discovery rule: If your injury was not immediately apparent, the two-year period may begin when you discovered — or reasonably should have discovered — the harm.
• Minors: If the victim is under 18 at the time of the incident, the statute of limitations typically does not begin until they turn 18.
• Government defendants: Claims involving a state or county agency may carry shorter notice deadlines and special procedural requirements.

Missing the deadline by even one day can permanently bar your case — no matter how strong your evidence is. If you are unsure whether an exception applies to your situation, get matched in under a minute with a Hawaii attorney who can evaluate your timeline.

1. Seek medical attention immediately. Even minor wounds can lead to serious infections, nerve damage, or scarring. A medical record from the day of the incident is also critical evidence for your claim.
2. Report the incident. File a report with your local animal control agency or police department. This creates an official record and may trigger an investigation — especially important if the animal has bitten before.
3. Identify the animal's owner or harborer. Get the owner's name, address, and contact information at the scene if possible. Ask whether the animal has vaccination records or a prior bite history.
4. Document everything. Photograph your injuries, the scene, any leash violations, and the animal itself. Collect witness names and contact details. Write down your account while memory is fresh.
5. Notify the owner's homeowners or renters insurance. Many animal bite claims are resolved through insurance. Your attorney can help you open a claim and negotiate with the insurer.
6. Consult a Hawaii animal incident attorney. An attorney can investigate liability under § 663-9, gather evidence, and file suit before your two-year deadline expires.
7. File your lawsuit if settlement fails. If the insurer or owner refuses a fair settlement, your attorney files a civil complaint in the appropriate Hawaii circuit or district court.

Hawaii law allows injured victims to pursue three categories of compensation:

• Economic damages: Medical bills (past and future), lost wages, and property damage.
• Non-economic damages: Pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
• Punitive damages: Available in egregious cases to punish particularly reckless or willful conduct.

Modified comparative negligence under HRS § 663-31 means your recovery can be reduced by your own percentage of fault. As long as you are not more than 50% at fault, you can still collect damages — but they will be reduced proportionally. If you are found to be 51% or more at fault, you cannot recover anything. This makes it especially important to build a strong factual record from day one.

Each Hawaii county — Honolulu, Maui, Hawaii (the Big Island), and Kauai — may enact its own animal control ordinances that go beyond state law. These local rules often impose leash requirements, registration mandates, and dangerous-dog designations. A violation of a local ordinance is treated as evidence of negligence in a civil claim. Your attorney will check whether county-level rules strengthen your case alongside the statewide statutes.

Hawaii courts have interpreted HRS § 663-9 to mean you do not have to prove the owner knew the dog was dangerous — but you still need to show the owner's conduct was unreasonable, or that the dog is of a species known to be dangerous. This is sometimes called a modified strict liability standard rather than a pure one-bite rule.

Hawaii's statute covers both owners and harborers — meaning anyone who was keeping or sheltering the animal. If a renter's dog attacked you, you would typically file against the renter. Whether the landlord shares liability depends on facts like whether the landlord knew a dangerous animal was on the premises.

Yes, as long as your share of fault does not exceed 50%. Under Hawaii's modified comparative negligence rule (HRS § 663-31), your damages are reduced in proportion to your fault. For example, if you are 20% at fault and your damages total $50,000, you recover $40,000.

Public-space incidents still fall under HRS § 663-9 if you can identify an owner or harborer. If a government entity is involved — for example, a county park failed to contain a known dangerous animal — special notice rules and shorter deadlines may apply. Talk to an attorney promptly.

Many claims settle within several months once medical treatment is complete and liability is clear. Cases that go to trial can take one to two years or more. Starting early — preserving evidence and meeting the two-year filing deadline — keeps your options open throughout the process.

An animal attack can turn your life upside down in seconds. Between medical bills, missed work, and emotional trauma, the costs add up fast — and Hawaii's two-year deadline means you cannot afford to wait. DearLegal matches injured victims statewide with vetted Hawaii animal incident attorneys who handle these cases every day. There is no pressure, no upfront cost, and most attorneys work on a contingency basis — meaning you pay nothing unless you win. Start your case now and let us connect you with the right attorney for your situation.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.