Hawaii

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Titlesort ascending Summary
HI - Equine Activity Liability Statute Hawaii is unique in how it treats liability for injuries incurred during equine activities. The relevant section provides that, in any civil action for injury, loss, damage, or death of an equine participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.
HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants Hawaii endangered species law prohibits any taking, transport or commerce in designated species. It further outlines conservation programs that mandate continued research on listed species. Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts. Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions.
HI - Domestic Violence - Chapter 586. Domestic Abuse Protective Orders This law reflects Hawaii's provision for temporary restraining orders in cases of domestic abuse. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court (see (c)(4)).
HI - Dog Bite - CHAPTER 663. TORT ACTIONS. This statute represents Hawaii's relevant dog bite law. Under the statute, an owner or harborer of an animal is strictly liable for personal or property damage to any person, regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal.
HI - Dog Bite - Chapter 142. Animals, Brands, and Fences. This Hawaii statute provides that the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident. Whenever a dog has bitten a human being on at least two separate occasions (with no applicable exceptions), any person may bring an action against the owner of the dog. Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning the offending dog.
HI - Dog - General Dog Provisions This Hawaii statute provides the pertinent regulations for dogs in the state. Included in its provisions are licensing, impoundment, seizure of loose or unlicensed dogs, and stray animals. Of particular note is a provision that makes it unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation.
HI - Disaster; Accomodations for Pets - Chapter 128. Civil Defense and Emergency Act. These sections replace former HRS § 128-1. In terms of animal-related provisions, the definition for "evacuation" includes mention of animals. In the section on sheltering, the law states that "[c]ounty emergency management agencies shall be responsible for identifying and operating locations and facilities suitable for sheltering" both the public and pet animals. "Pet animal” has the same meaning as defined in section 711-1100.
HI - Cruelty - Consolidated Cruelty Laws (Chapter 711) Under this set of Hawaii laws, a person commits the misdemeanor offense of cruelty to animals if the person intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, deprives a pet animal of necessary sustenance, mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests, or engages in animal fighting enterprises. Dog fighting constitutes a felony where the person owns or trains the dog to fight. The section has enhanced penalties for cruelty to guide or service animals or interference with their duties.
HI - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
Hawaii v. Kaneakua


Defendants stipulated that they were involved in cockfights and were prosecuted for numerous violations of § 1109(1)(d), part of Hawaii's cruelty to animals statute.  The reviewing court found that the statute was not vague, and was sufficiently definite to satisfy due process with regard to the charge against defendants; nor was the statute overly broad as applied to defendants.

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