A person can be compensated for the damage done to their property that was caused by another person’s dog.
Connecticut Statute of Strict Liability for Damage Caused by a Dog
In Connecticut, “[i]f any dog does damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for the amount of such damage[.]” Conn. Gen. Stat. §22-357. This statute is known as a strict liability statute. What does strict liability mean in the context of when a dog destroys or damages property? A plaintiff is not required to prove that the dog’s owner or keeper knew that the dog was vicious or that the owner or keeper was negligent in any way. A plaintiff only has to prove that the dog was owned or kept by the defendant and the dog did damage to the body or property of the plaintiff.
Exceptions to the Strict Liability Statute
However, there are two exceptions to this strict liability. The first exception is that there is no liability if the person or property that was damaged by the dog was committing a trespass or other tort at the time the damage was done. A trespass or other tort has to be an action in which the plaintiff was committing or intending to commit an injurious act on the person or property of the owner, keeper, or the dog itself, to which the dog would instinctively react by taking defensive action. If a plaintiff was justified in being on the defendant’s property, the plaintiff has not trespassed under this exception.
The second exception is that there is no liability if the injured person was teasing, tormenting, or abusing the dog without justification. Teasing, tormenting, or abusing a dog means engaging in actions that would naturally annoy or irritate a dog and provoke it to retaliate. What justification would there be to abuse/hit/harm a dog? Animal abuse and cruelty have no place in society, but a person is justified in defending himself/herself if a dog attacks. If a person defends himself/herself or their property and, in doing so, hits or harms another person’s dog, the liability exception does not apply.
Guendelsberger has experience representing individuals injured in a dog attack
In order for an individual whose property has been damaged by another’s dog to have a successful personal injury or property claim, the individual needs the right set of facts and corroborating medical testimony to be fully compensated for his/her injuries and damaged property. The attorneys at Guendelsberger Law Offices have successfully represented individuals who have been physically and emotionally injured by a dog attack and have had their property damaged due to that attack.