Report Title:
Human Bitten by Dog; Duty of Dog Owner
Description:
Permits action against dog owner after a single incident of a dog biting a human.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2039 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ANIMALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. Section 142-75, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Whenever a dog has bitten a human being on [at least two separate occasions] any occasion 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 bites have been changed so as to remove the danger to other persons presented by such 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[.] and the requirement that the owner maintain a homeowners' general liability insurance policy including coverage for dog bites. 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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