Overview
Connecticut imposes strict liability upon the owner or keeper of a dog that injures property or inflicts bodily injuries on a person. The language of the Connecticut dog bite statute is as follows:
Sec. 22-357. Damage
to person or property.
If any dog does any 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 such damage,
except when such damage has been occasioned to the body or property
of a person who, at the time such damage was sustained, was committing
a trespass or other tort, or was teasing, tormenting or abusing such
dog. If a minor, on whose behalf an action under this section is brought,
was under seven years of age at the time the damage was done, it shall
be presumed that such minor was not committing a trespass or other tort,
or teasing, tormenting or abusing such dog, and the burden of proof
thereof shall be upon the defendant in such action. (1949 Rev., S. 3404;
1953, S. 1842d; 1969, P.A. 439, S. 1.)
The Connecticut courts have clarified that
merely entering another person's property does not constitute trespass
under this statute. "Trespass or tort" means more than mere entry; the
statute bars recovery only where plaintiff is committing or intends to
commit an injurious act. (133 C. 509: 140 C. 358.)
If the victim was not a trespasser, not
committing a tort, and not provoking the dog, there is no defense.
The state also holds any person responsible for injuries by dogs caused by that person's negligence or negligence per se.
More court decisions might be found at
the outstanding website of the Connecticut
State Library.

Litigation forms and other materials for attorneys

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