Owners and their insurers sometimes answer a dog bite claim by pointing at the person who was hurt. Connecticut’s statute names specific defenses of that kind, and for young children the burden shifts to the owner. We walk through how those defenses work for Waterbury families.
Connecticut’s Statute Starts With the Owner
Connecticut General Statutes Section 22-357 makes an owner or keeper liable when a dog does damage to the body or property of any person. The basic rule turns on the damage the dog caused rather than on how careful the owner was.
A keeper can be someone other than the owner, such as a person who harbors the dog or has it in their possession. That matters when a bite happens at a rental, a friend’s house, or a dog sitter’s home. If the owner or keeper is a minor, the statute makes the minor’s parent or guardian liable for the damage. Some disputes begin as dog bite claims made under the owner’s insurance policy.
The Statute Lists Specific Defenses
The law doesn’t hold an owner liable when the injured person was doing one of these things at the time:
- Committing a trespass or another tort
- Teasing the dog
- Tormenting the dog
- Abusing the dog
Owners may raise these arguments after the fact, and the proof can come down to one person’s account of what happened. Neighbors, video, and the location of the bite can tell a different story.
Children Under Seven Get a Presumption
When the injured person was under seven years old, the statute presumes the child wasn’t trespassing, committing a tort, or teasing, tormenting, or abusing the dog. The owner then has to prove otherwise. That shifts the work to the defense. Questions about injured child compensation come up in these cases too, because a child’s needs after an attack can differ from an adult’s.
Visitors and Workers Face Trespass Arguments
Whether someone was trespassing depends on the facts. An invited guest, a person walking up to a front door, and a person who climbed a locked fence are in very different positions. Mail carriers and package couriers have a work-related reason to approach a home, which shapes how delivery worker claims play out.
Insurers May Argue Shared Fault
Insurers sometimes argue that the injured person contributed to what happened, and comparative negligence rules can affect how much that argument matters. We look at the facts before accepting any percentage an insurer proposes.
Evidence Answers These Arguments
A strong response to a provocation claim is proof gathered early. Useful items include:
- Photos of the injuries and the place where the bite happened
- Names of anyone who watched it
- Video from doorbells or nearby cameras
- Medical records from the first visit and follow-up care
- Reports made to animal control or the police
Camera footage can be overwritten. Some people also make the same mistakes after an attack, and those errors can hand the other side a defense they wouldn’t otherwise have.
Online Posts Can Muddy the Facts
A casual photo or comment can be read as proof that the injury was minor or that you chose to be near the dog. Insurers may also review social media activity when they look for a reason to doubt an injury. Keeping accounts private and posting nothing about the incident helps protect your version of events.
Early Action Helps Waterbury Families
Bites can happen on porches, in apartment hallways, and in yards along shared fences. Families who bring in a Waterbury dog bite lawyer early can have the scene photographed and witnesses identified. Details fade fast.
Scarring and ongoing treatment needs can follow a bite. Our attorneys handle the entire case, from treatment records through trial, and that work falls under our Waterbury personal injury lawyer services.
The Attorneys Behind the Firm
At Nugent & Bryant, our attorneys include Jim Nugent, who has tried over 100 cases since 1989, and Julie Nugent, who has practiced alongside him. Patrick Nugent, a Duke Law graduate, clerked for a Tenth Circuit judge before joining us.
Write Down What Happened Today
Write down what happened while the details are fresh, including where you stood, what the dog was doing, and who saw it. Those notes answer a trespass or teasing claim better than memory alone. Waterbury residents who were hurt can reach out to us to talk through the facts and the next steps.
