Dog Bite Law

Overview

The general rule is that "the keeper of a domestic dog is not liable for injuries to persons and property unless the owner had some reason to know the animal was a probable source of danger." Davis v. Bedell, 123 Vt. 441, 442-43, 194 A.2d 67, 68 (1963). Stated another way, liability attaches only when "the dog's past behavior has been such as to require a person of reasonable prudence to foresee harm to the person or property of others." Id.

Vermont has interpreted the common law as providing not strict liability but liability founded upon negligence, even where the owner of the dog knows that it is vicious or dangerous. In Carr v. Case, 135 Vt. 524 (VT 1977), the state's highest court declared:

Our prior cases make it clear ... that the doctrine of absolute liability is not applicable here. In Vermont, when a dog owner has reason to know that his dog might bite some person, "then the duty of restraint attache; and to omit it negligence." [Citing Godeau v. Blood, 52 Vt. 251, 254 (1880); accord Davis v. Bedell, 123 Vt. 441, 443, 194 A.2d 68 (1963); Worthen v. Love, 60 Vt. 285, 286-87, 14 A. 461 (1888).]

Because the victim's cause of action is based in negligence, the Carr court went on to hold that the plaintiff's recovery should be reduced in proportion to his degree of fault. Vermont is a comparative negligence state, despite the reference to "contributory negligence" in its apportionment of liability statute. 12 Vermont Statutes Ann., section 1036 (Comparative Negligence).

For details about the one-bite rule and the victim's rights under it, see The One Bite Rule and also Legal Rights of Dog Bite Victims in the USA. A short summary of the victim's rights is that, even for the first bite, there is a good chance that he can hold the dog owner liable for being negligent or breaking a law, such as a leash law, or for intentional conduct that causes the dog to bite. These are usual grounds for dog owner liability (as well as the liability of keepers and harborers of a dog), but the Vermont cases have not specifically addressed these causes of action in dog bite cases.

Vermont dog bite law needs to be changed, because the one-bite rule is not fair to dog bite victims, encourages dog owners to be irresponsible, and is out of line with modern American beliefs about personal responsibility. The arguments for revision of the law can be read at The One Bite Rule and you can watch Attorney Kenneth Phillips testifying in favor of abolishing the rule by clicking here, downloading the video from the Tennessee Legislature's official website, and advancing it to minute 38.

Litigation forms and other materials for attorneys

www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2009 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here.