Vermont dog liability for owners of strong dogs

A victim has to show the owner had reason to know the dog was a probable source of danger.

01A one bite state

The dogbitelaw.com summary of Vermont dog bite law says Vermont adheres to the one bite rule and that its courts have merged negligence and scienter, so a victim must show the owner knew or should have known the dog presented a danger. It quotes the rule that the keeper of a domestic dog is not liable unless the owner had some reason to know the animal was a probable source of danger.

02The duty of restraint

The same page quotes Carr v. Case: when a dog owner has reason to know the dog might bite someone, the duty of restraint attaches, and omitting it is negligence. It adds that a victim's recovery is reduced by his own fault under comparative negligence.

What it means for buyersA protection dog trained to respond to threats gives its owner reason to know, so assume the duty of restraint applies from day one. Fencing, signs, a reliable recall and insurance are the practical protection. Ask a Vermont attorney how this applies to you.

03Filing deadline

The dogbitelaw.com table of state filing deadlines cites Vermont Statutes Annotated title 12, section 506 and following for filing deadlines. Ask an attorney for the current limit.

04Insurance and housing

Tell your insurer what dog is coming and read your lease or association rules first. State law does not override either.

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