Dog bite attacks happen quite often and sometimes can inflict serious injuries. In Connecticut, victims of dog bites have the right to seek financial compensation from the dog’s owner or keeper through various legal avenues. One cause of action is statutory strict liability; the other is common law negligence.
Under Connecticut’s dog bite statute, a dog owner or keeper is strictly liable for any unprovoked attack by their dog, regardless of the animal’s prior behavior. This means that even if the dog had never exhibited any signs of aggression or dangerous tendencies before the incident, the owner is still liable for the victim’s injuries. The compensation can cover not only bite injuries but also other related harms, such as trauma from falling during the attack. Importantly, the statute does not allow the owner or keeper to use reasonable control measures as a defense. However, liability does not extend to situations where the victim was teasing, abusing, or tormenting the dog, or was intentionally trespassing on the owner's property. Children under seven are presumed not to have engaged in provocation.
Another legal pathway for recovering damages is through common law negligence. This approach requires the victim to prove that the dog’s owner, or another responsible party, was negligent. Specifically, there must be evidence that the person knew or should have known about the dog’s dangerous propensities and failed to take proper measures to control it. Negligence claims can extend to individuals other than the dog’s owner, such as landlords who have a duty to ensure the safety of tenants and guests from potential hazards, including dangerous animals.
In some cases, victims may allege that the dog attack was intentional. This means asserting that the owner or person in control of the dog was aware of its vicious tendencies and deliberately allowed or instructed the dog to attack. If proven, this intentional tort could result in punitive damages, which aim to punish and deter extreme and outrageous behavior. However, proving intent in such cases is often challenging, as it requires clear evidence of the owner's deliberate actions or omissions.
Dog bite cases can sometimes be complicated by difficulties in identifying the dog’s owner or keeper, as well as other relevant circumstances that impact the type of liability applicable. In such situations, the expertise of a seasoned personal injury attorney is invaluable. An experienced lawyer can thoroughly analyze the specifics of the case, including the behavior and history of the dog and the context of the attack, to determine the most appropriate legal remedy for the victim.
Each approach to seeking legal damages has its nuances and requirements, making it advisable for victims to consult with an experienced personal injury attorney who can analyze your case and determine which remedy is most suitable depending on the particular dog and the circumstances of the attack.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents dog bite victims in personal injury cases throughout Connecticut. Contact us online or call 203-745-0942 to arrange an appointment.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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