Honolulu Dog Bite Lawyers

How Common Are Dog Bites?

Dogs are one of the most popular and beloved household pets. In the United States, approximately 61.6 million dogs are kept as pets. While most dogs never attack a human, dog bites can and do happen frequently.

An estimated 4.5 million people are bitten by dogs each year in the United States. Of these people, 334,000 visit the emergency room for their injuries, while an additional 466,000 people seek other forms of medical treatment. The majority of dog bite victims are children under the age of 12.

In some cases, dog bites are relatively minor. However, every dog attack has the potential to cause serious injuries. As Honolulu dog bite lawyers, we have represented clients who have suffered all types of injuries, including:

• Puncture wounds, which may require medical attention to clean and properly close, to reduce the risk of complications
• Infections, including cellulitis, abscesses, and sepsis
• Tissue damage, including torn muscles, tendons, and ligaments
• Nerve damage, which can cause pain, numbness, or loss of sensation in the affected area
• Scarring and disfigurement
• Broken bones

In some cases, dog attacks may even be fatal. In these situations, a victim’s family may choose to pursue a wrongful death lawsuit.

Our legal team understands how devastating a dog bite can be. Beyond physical injuries, many victims suffer from extreme anxiety and distress after being attacked by a dog. If you have been injured by a dog on Oahu or any other island in Hawaiʻi, we will help you get justice.

When Can a Dog Owner Be Held Liable for a Dog Bite in Hawaiʻi?

Hawaiʻi has a “strict liability” rule for dog bites. Strict liability means that a person can be held responsible for any harm that their dog causes, regardless of fault. In other words, even if the dog had never bitten anyone before or shown any propensity towards violence, the owner will still be responsible for the injuries that their dog causes.

The strict liability rule is in contrast to the “one bite” rule, where a dog owner can only be held liable for a dog bite if the animal has previously bitten someone or is otherwise dangerous. Hawaiʻi does not follow this rule. While this may seem unfair to dog owners, it is the best way to protect victims from dog attacks.

Under Hawaiʻi law, you do not have to prove that a dog that bit you had a history of biting or acting dangerous. You also do not have to prove that the dog’s owner was somehow negligent, such as by letting the dog run off-leash.

Instead, if your dog bite case goes to trial, you will only have to prove:

1. The at-fault party (defendant) owned the dog.
2. The dog bit you while you were in a public place or lawfully on private property.
3. You were harmed.
4. The defendant’s dog was a substantial factor in causing your harm.

That second point is particularly important for Hawaiʻi dog bite cases. If you are trespassing and the dog bit you, then you might not be able to recover financial compensation for your injuries. Similarly, if you provoked the dog by taunting or teasing it, then that may also affect your right to file a lawsuit.

In addition to strict liability, a dog bite victim in Hawaiʻi may also pursue a lawsuit based on negligence. In other words, if the dog owner was careless in preventing the attack, they can be held accountable for any injuries that the dog causes.

Our law firm is adept at navigating Hawaiʻi dog bite cases. We thoroughly research each case to develop the strongest possible case for compensation. We understand how devastating dog bites can be and will work hard to help you get the money that you deserve for your injuries.

Compensation and Settlements in Honolulu Dog Bite Cases

In a dog bite case, you may be entitled to compensation for all of your injuries. This includes money for all of the harm that you suffered. In some cases, you might even be able to recover additional money if the dog owner acted intentionally or recklessly.

First, dog bite victims can seek compensation for their direct financial losses or economic damages. This includes money for property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. For example, if you need plastic surgery after a dog bites your face, then you can recover money for your medical bills, time off work, and follow-up appointments.

Second, you can also recover money for your intangible losses. Known as non-economic damages, this money is meant to pay for things like pain and suffering, reduced quality of life, emotional distress, scarring, and disfigurement. Using the example above, you could recover money for the facial scarring and disfigurement that you suffered, along with money for your physical pain and emotional trauma, and other losses.

In cases where the dog’s owner acted intentionally or recklessly, they may also be liable for punitive damages. These damages are meant to punish someone who acted badly. For example, if a dog owner knew that their dog had bitten a child before but let the dog loose around small kids to scare them, they would potentially be on the hook for punitive damages.

One of the complicating factors of many dog bite cases is that a person may have been attacked by a friend or family member’s dog. This leaves many dog bite victims unsure of what to do because they don’t want to sue a loved one. At the same time, dog bite victims might be dealing with large medical bills, lost income, and other losses.

It is important to keep in mind that while a dog-bite claim is technically brought against the dog’s owner, these claims are almost always defended and paid by the owner’s homeowner’s or renter’s insurance. In practical terms, the insurance company—not your friend or family member—handles the claim, hires the lawyer, and pays any settlement or judgment up to the policy limits. This is the type of situation insurance is designed to address, and you are entitled to seek fair compensation for the injuries you sustained.

Most personal injury cases, including dog bite claims, are resolved outside of court. While it may be necessary to file a lawsuit to protect your legal rights, your case is unlikely to go to trial. As skilled negotiators, our Honolulu dog bite attorneys will work hard to resolve your case without going to court. If the insurance company refuses to offer you a fair settlement, we won’t hesitate to take your case to a jury to get you maximum compensation for your injuries.

Help for Honolulu Dog Bite Victims

Dog bites can be incredibly scary, leaving both physical and emotional scars. In Hawaiʻi, dog owners are strictly liable for the harm that their dogs cause, whether they bite you, knock you down, or cause harm in another way. Our law firm can help.

Based in Honolulu, Miyashita & O’Steen represent clients who have been hurt in all types of accidents, from slips and falls to car accidents to hotel and resort injuries. We won’t back down from a fight, and we won’t rest until we get you the money that you deserve for your losses. To learn more or to schedule an appointment with a Honolulu dog bite attorney, call our law offices at 808-425-9755 or fill out our online contact form.