Report Title:

Dog Bites; Pit Bulls; Strict Liability

Description:

Provides that pit bull owners are strictly liable for damages suffered by any person who is bitten by the dog.

HOUSE OF REPRESENTATIVES

H.B. NO.

870

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to pit bull DOGs.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 142, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§142-   Pit bull dog; owner's liability. (a) The owner of a pit bull dog shall be absolutely liable for the damages suffered by any person who is bitten by the dog, without provocation, while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. For purposes of this section, a person is lawfully upon the private property of the owner when the person is:

(1) On the property in performance of any duty imposed upon the person by the laws of the State or by the laws or postal regulations of the United States; or

(2) On the property upon the invitation, express or implied, of the owner;

unless the person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

(b) For purposes of this section, "pit bull dog" includes pit bull terriers, American Staffordshire terriers, and Staffordshire bull terriers."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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