An Overview of Connecticut’s Dog Bite Laws
Connecticut’s statutory law governing dog bites is somewhat different than most other states. Connecticut General Statutes ("CGS") sections 22-357 and 22-364 (formerly section 22-356) provide for a variety of damages for injuries caused by animals. Section 22-364 specifically addresses the liability of those who own, keep or control dogs and other animals. Under that statute, although an animal’s owner, keeper or possessor is only liable for injuries caused by the animal when the animal has "exhibited tendencies, as ascertained by its owner, to attack," that statute was amended to allow an injured party to recover damages from the animal’s owner or keeper, "whether or not such animal exhibited vicious propensities previously . "
Additionally, CGS 22-357 provides that the Connecticut Department of Energy and Environmental Protection ("DEEP") (formerly the Board of Agriculture and since 1971 the Department of Agriculture) has the duty to pay damages to any person injured by any domestic animal, and provides an action for those damages. However, it limits the damages pay out to $15.00, unless the injury was caused by a bull, stallion or ram, in which case the cap is $100.00.
Strict Liability or Negligence in Dog Attacks
One of the most important distinctions in the law when it comes to dog bite injuries in Connecticut is the difference between strict liability and negligence. Strict liability exists when the law holds a party responsible for their actions or inactions without having to prove that they intended to commit those acts or caused injury through their negligence. When it comes to dog bites, the law that establishes strict liability is Conn. Gen. Stat. § 22-357, which states pretty simply that "any dog… which, when unprovoked, assaults or injures any person shall be liable to such person for any injuries suffered in consequence of such assault or injury." What this means in practice is that the owner (or keeper) of a dog is strictly liable for any injuries or damages sustained by a person bitten or injured by their dog. The only exception to this general rule is for police dogs performing an action in the line of duty.
So where does negligence fit into this analysis? While dog bite cases under Connecticut’s strict liability law normally do not involve a finding of negligence against the defendant, sometimes a dog owner may also be found negligent. In other words, strict liability does not negate the potential for liability for negligence as well. For example, if it is found that the owner of the dog had prior knowledge of the dog’s dangerous or aggressive propensities and failed to properly warn the victim beforehand or use reasonable methods to avoid the attack, the owner may be liable under a separate legal theory of negligence (which infers knowledge of the danger).
The plaintiff can elect which theory to pursue, or even both. Since the burden of proof is different in each case (for strict liability, the plaintiff must show only that the defendant owned the dog that bit them, while under a negligence claim, actual knowledge of the dog’s propensities must be established), the plaintiff may choose the measurably more beneficial one. However, both are not recoverable under the law.
The Rights and Responsibilities of Dog Owners
A dog owner has the same legal rights and responsibilities as the entire community. This means that potential penalties or results from non-compliance with the dog bite laws can fall upon the pet owner. This obligation requires a dog owner to keep their dog from unprovoked attacks on people.
If this occurs, it may be determined that the owner was not keeping a proper eye on the dog and failed to provide for their animal properly. A dog bite plaintiff may look to the Connecticut dog bite statute.
The Connecticut dog bite law requires that when an animal inflicts damaging injury on another person, the owner is liable for the costs and expenses incurred by the victim. That includes medical attention and lost wages because of the negligence of the owner. An owner also could be required to pay additional punitive damages if the owner intentionally locked the dog away from the public.
An injured dog bite victim can hold a pet owner financially responsible, even in cases where an injury victim provoked a dog by threatening its owner or exhibiting aggressive behavior.
Rights for Victims and Possible Compensation
If you or your child has been bitten by a dog, the first thing you should do is contact a medical professional. It’s important to take care of any necessary treatments right away, both for your health and to preserve important evidence. If you’ve suffered a serious injury, it’s also a good idea to speak with a personal injury attorney to verify whether you have a viable case and what your options surrounding compensation may be. Connecticut dog bite laws dictate that if you are bitten by someone else’s dog, you may have the right to receive compensation for the injury sustained from the bite. All dog owners are required to do what they can to avoid having their dog injure people. This includes proper care, control, and supervision of their dog(s). In addition, Connecticut dog owners are required to get dog licenses and rabies shots for their pets, and keep them current. Failure to do this can be viewed as "doing what they can" to avoid injury. When a person suffers an injury as a result of a dog bite, a skilled dog bite attorney can often help them recover for at least some of the losses they suffered. There are different types of compensation that a victim can seek, depending on their unique situation. The most common forms of compensation sought after dog bites are: In general, the costs associated with dog bite injuries tend to be related to the following: Other potentially compensable damages may include partial or total loss of work resulting from the incident, such as compensation for lost wages, lost earning capacity, loss of an active lifestyle, and loss of quality of life. In addition, psychological and emotional damages such as pain and suffering, mental anguish, and emotional distress are also considered non-economic damages and may be included in a compensation claim. The law surrounding dog bites in Connecticut is based on strict liability statutes found in Connecticut General Statutes (CGS) 22-357 and 22-331. These laws also make it impermissible for anyone who owns a dog to allow it to stray onto someone else’s property if the individual knows or has reason to know that the dog has a dangerous propensity for harming people or domestic animals. An individual who breaks this law can also be held legally liable for the damages they cause. Whether you or your child is bitten or attacked by a neighbor’s dog, a dog at a friend’s house, a dog you encounter on a trip to the local park or while on vacation, it is important to capture the full picture of your injuries, collect evidence of your injury, and review your case with a personal injury attorney who can help you determine your options for pursuing justice and compensation.
Possible Defenses for Dog Owners in a Lawsuit
Defenses Available to Connecticut Dog Owners in Court
Regardless of the applicable statute, there are defenses that dog owners may raise in order to limit liability in a dog bite lawsuit or to prevent a dog bite lawsuit from getting into court in the first place. Both state statutes place a high burden of proof on the plaintiff who is injured by the dog. The first step is to show that the defendant failed to exercise reasonable control over the dog at the time that the injury occurred. However, even if the plaintiff is able to show this, the defendant may be able to show that the plaintiff was negligent or engaging in reckless behavior, which could deprive the plaintiff of their claim for damages.
If it cannot be shown that the dog was not properly leashed, muzzled, or confined , the dog owner has several defenses available in many situations, including the following:
Provocation – if it can be shown that the plaintiff instigated the attack by provoking the dog, the dog owner may not be liable for damages. This can also be paired with the first defense and works well in circumstances where the dog was provoked by the plaintiff after the defendant took all the necessary steps to prevent an injury.
Trespassing – if the plaintiff was trespassing on the dog owner’s private property, he or she is automatically barred from recovery.
Ordinances – if the plaintiff was engaging in prohibited behavior such as riding a bicycle, engaging in an activity near a stray dog if the city has an ordinance prohibiting such behavior, or other prohibited behavior, the plaintiff’s recovery may be limited.
What to Do Following a Dog Bite
If you’ve been the unfortunate victim of a dog bite, the first thing you must do is assess whether you or someone else is in immediate danger and needs medical assistance. If you haven’t been seriously injured and there’s no immediate need for medical attention, it’s important that you take some prudent steps to preserve your right to make a legal claim against the dog’s owner for injuries resulting from the bite. Here are some things you should do as soon after the incident as possible:
Get the owner’s name and contact information. Don’t let the dog owner’s fear, anger, or embarrassment prevent you from getting the information you need.
Demand that the owner take responsibility for his or her dog. Your state of mind at the moment is no concern of the dog owner. Be polite, but insist that the dog owner take responsibility for the bite.
Make sure the owner provides you with his or her insurance information. Do not assume that the dog’s owner has homeowner’s insurance and that the bite will be covered. Insist on getting the information, and if the owner refuses, take down contact information for the owner’s insurance carrier or agents.
Get photos of the animal and the scene. If possible, ask the owner to permit you to take photographs of the dog in order to gather evidence about the animal. Also take photographs of the location where the bite occurred. While your wounds are still fresh, it’s also a good time to take some photos of those injuries as well.
Get a medical assessment as soon as possible. Consult a veterinarian and request documentation that proves the animal is fully vaccinated. This will help reduce any chance of the transmission of rabies.
Get photographs of your injuries. Keep taking these photos during your recovery period and be sure you document how the injuries are healing over time.
Keep a diary of how you’re feeling and the impact the incident has had on your life. Be sure to include how you feel emotionally about the incident itself (anger, fear, depression, humiliation), the impact the incident has had on your job or business, and the support you need from family or loved ones as a result of your injuries.
Contact a attorney. Once you know you’ve received proper medical treatment and your injuries have healed, or you’ve determined that your injuries are serious enough that they’ll impact your life indefinitely, consider contacting an attorney to represent you in your claim against the dog owner.
Getting Legal Help With a Dog Bite
In dog bite cases, you may be able to recover medical expenses, lost wages, pain and suffering, emotional trauma, and rehabilitative therapy. However, if you do not have legal representation, collecting this information yourself can be confusing and frustrating. Even if your injuries have completely healed, the responsible party may still be held liable for future medical expenses. It is best to contact an attorney who has handled dog bite cases to help you with your claim . An experienced attorney will likely know of trusted medical professionals, therapists, surgeons, etc. that can treat your injury, and a skilled Connecticut dog bite injury lawyer will further know how to estimate or calculate how much your personal injury may be worth before you even go to trial, as well as what sorts of expert testimony and impact statements are and are not useful in a dog bite case.