Legal Guide for Parents: What to Do When a Child is Bitten by a Dog in Hawaii

Watching your child suffer a dog attack is every parent's worst nightmare. Because children are smaller and their faces are closer to a dog's level, they frequently suffer severe facial lacerations, nerve damage, and lifelong psychological trauma. In Hawaii, dog owners are held to a very strict standard of responsibility. However, pursuing a personal injury claim on behalf of a minor involves complex rules regarding medical costs, insurance negotiations, and mandatory court approvals. You do not have to navigate this stressful time alone. You can easily find a compassionate and experienced local attorney in our USA Lawyers Directory to help you secure the compensation your child deserves.

Step-by-Step Process for Managing a Child's Dog Bite Claim in Hawaii

Taking the correct steps immediately after the attack is crucial for both your child's physical recovery and their future legal case.

Step 1: Immediate Medical Care and Reporting

Your absolute first priority is your child's health. Wash the wound and seek immediate emergency medical care. Dog bites carry a high risk of rabies (though Hawaii is rabies-free, other severe infections like tetanus and MRSA are common). After treating the child, report the dog to the police and the local animal control authorities, such as the Kauai Humane Society, Lihue or the Hawaiian Humane Society, Honolulu. This creates a government record of the unprovoked attack.

Step 2: Understanding Strict Liability

Hawaii is a strict liability state for animal attacks. Under Haw. Rev. Stat. § 663-9, a dog owner is liable for the injuries their dog causes, regardless of whether the dog had ever bitten anyone before (meaning there is no 'one free bite' rule). The only defense the owner has is if they can prove your child was trespassing on private property or actively provoking and tormenting the animal. Given that courts often rule young children are incapable of intentional provocation, liability is usually firmly on the dog owner.

Step 3: Plastic Surgery and Future Medical Costs

When a child's face or neck is bitten, the scarring grows as the child's body grows. A simple scar now can become tight, painful, and highly disfiguring by their teenage years. Your attorney will work with medical experts to calculate not just the immediate emergency room bills, but the cost of future scar revision plastic surgeries. You can demand compensation for these future procedures before you agree to a settlement.

Step 4: Handling the Dog Owner's Homeowner's Insurance

You will generally not be suing your neighbor directly; you will be dealing with their homeowner's or renter's insurance company. Insurance adjusters may call you quickly after the attack and ask to record your statement. Attorneys generally advise against providing recorded statements to insurers without legal counsel present, as adjusters may ask leading questions regarding provocation. Having legal representation manage these communications helps ensure discussions and settlement negotiations protect your child's legal interests.

Step 5: Court Approval for Minor Settlements (Pro Ami Hearings)

In Hawaii, a parent cannot simply take a $50,000 settlement check for their child and deposit it into their own personal bank account. To protect the child's money, Hawaii courts must approve any minor settlement. Your lawyer will file a formal petition for approval of compromise of a minor's claim pursuant to Haw. Prob. R. 101 and Haw. R. Civ. P. 17(c) at the First Circuit Court, Honolulu or your local courthouse. A judge will hold a 'Pro Ami' (next friend) hearing to review the settlement amount. The judge will order the funds to be placed into a restricted, interest-bearing bank account or structured annuity that the child cannot access until they turn 18.

The Tolling of the Statute of Limitations for Minors in Hawaii

Typically, adults only have two years to file a personal injury lawsuit in Hawaii. However, children are treated differently. Under Haw. Rev. Stat. § 657-13, if a person is under the age of 18 at the time they are injured, the statute of limitations is 'tolled' (paused). The two-year clock does not officially start ticking until the child's 18th birthday. This means a victim has until their 20th birthday to file a lawsuit for a dog bite that happened when they were five years old. However, it is always best to file the claim quickly while witnesses remember the event and evidence is fresh.

How Much Does it Cost in Hawaii?

Hiring a lawyer to protect your child's future does not require upfront payments.

How Long Does the Process Take?

Because scars on children take time to heal and mature, attorneys often wait 6 to 12 months before finalizing a claim so a plastic surgeon can accurately assess permanent disfigurement. Once the medical evaluation is complete, negotiating with the insurance company and completing the Pro Ami court approval hearing usually takes an additional 3 to 6 months.

Frequently Asked Questions (FAQ)