Report Title:

Tort Actions; Damages; Emotional Distress; Animals; Pet

Description:

Allows recovery for negligent infliction of serious emotional distress or disturbance by the owner of a pet for negligent injuries to the pet, not to exceed $25,000.

THE SENATE	S.B. NO.	73
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TORT ACTIONS.

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

     SECTION 1.  Section 663-8.9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§663-8.9[]]  Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury[.], domestic animals.  (a)  No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out of damage to property or material objects[.]; provided that "property" and "material objects" shall not include domestic animals; provided further that damages recoverable for the negligent infliction of serious emotional distress or disturbance suffered by an owner of a domestic animal arising solely out of injury to the domestic animal shall be limited to not more than $25,000.

(b)  For purposes of this section, "domestic animal":

(1) Shall include animals that are customary and usual pets such as dogs, cats, rabbits, birds, and other beasts which are maintained on the premises of a dwelling unit and kept by the resident of the dwelling unit solely for personal enjoyment and companionship, such as, without limitation, for a hobby, for legal sporting activities, and for the guarding of property; and

(2) Shall not include aviary game birds and game fish.

     [(b)] (c)  This section shall not apply if the serious emotional distress or disturbance results in physical injury to or mental illness of the person who experiences the emotional distress or disturbance."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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