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THE SENATE |
S.B. NO. |
2049 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DOG OWNER LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 142-74, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If any dog, while on public
property or private property without the consent of the owner of that
property, [injures or destroys] without provocation attacks any
sheep, cattle, goat, hog, fowl, dog, or cat, causing an injury or damage
to other property belonging to any person other than the owner of the attacking
dog, the owner of the attacking dog shall be liable in damages to the
person injured for the value of the property so injured or destroyed. The
owner of the attacking dog shall confine or destroy the dog, and if the
owner of the attacking dog neglects or refuses to do so, the owner of
the attacking dog, in the event of any further damage being done to the
person or property of any person by the attacking dog, in addition to
paying the person injured for the damage, shall pay the costs of the trial
together with the penalty imposed under section 142-12, and it shall be lawful
for any other person to destroy the attacking dog. This subsection
shall not apply to the owner of any sheep, cattle, goat, hog, fowl, dog, or cat
that caused injuries or destruction of property while defending itself against
an attack by another animal."
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 Statutory material to be repealed is bracketed and stricken.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.
Report Title:
Dog Owners; Civil Liability
Description:
Provides that the owner of an attacking dog shall be liable for injuries and damage caused by the dog on public property. Requires the owner of an attacking dog to be liable for injuries or destruction of certain animals. Exempts owners of certain animals that cause injuries or destruction of property while defending themselves against an attack by another animal. (SD1)
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