Vermont Dog Bite Laws

The CDC reported that over 4.5 million people get bitten by dogs every year in the U.S., and almost 1,000 victims require emergency care every day for serious dog bite injuries.

Vermont’s population has 70% pet ownership, one of the highest in the country among other states. However, not all pets are friendly. Any dog can potentially bite anyone, leading to serious injuries and even death. Thus, understanding Vermont's dog bite laws is essential to know what to do if you get bitten by a dog.

This article will discuss the responsibilities of dog owners in the state, including vaccinating pets for rabies and registering them with the proper authorities. It also has information on breed-specific legislation, liability standards, and the statute of limitations for filing a dog bite claim.

Dog Owner Responsibilities in Vermont

In the context of pet ownership, Vermont law defines an “owner” as someone who has a domestic pet or a wolf-hybrid. The definition also includes those who offer food and shelter to animals. “Domestic pet” may refer to animals such as dogs, cats, and ferrets.

One of a dog owner's primary responsibilities is to register their dog annually on or before April 1. They must turn in their registration or licensing form to the right office in the municipality where they reside. The license is $4 for neutered dogs and $8 for unneutered dogs, and these pets must wear a collar with an attached license tag.

Furthermore, an owner must vaccinate their dogs against rabies. The animals must be immunized using a vaccine approved by the Secretary of the Agency of Agriculture, Food and Markets and the Department of Health. Vaccinating dogs against rabies not only protects them but also other people and animals.

While there is no statewide regulation requiring dogs to be leashed, certain cities and towns have adopted their own leash ordinances. Burlington, for example, bans at-large dogs, and the only places where dogs can be off-leash are those supervised and regulated by the Board of Parks and Recreation commissioners.

Towns and cities in Vermont may also impose other dog-related regulations. These may be in relation to keeping, restraining, impounding, or disposing of dogs. However, a jurisdiction cannot regulate farm dogs' barking or running at large if these animals are herding or protecting livestock and crops on their owner’s property.

Breed-Specific Legislation in Vermont

When it comes to bans, only one town has an ordinance banning pit bulls: Montgomery. If a person violates this ordinance, they will receive a $500 fine and jail time for up to a year. Keep in mind that if you continue keeping pit bulls, each week that the violation persists will constitute a separate offense. For example, you will have three offenses if you are caught owning a pit bull for three weeks.

Liability Standards in Vermont Dog Bite Cases

The One Bite Rule

Vermont dog bite laws follow the one bite rule, while some states abide by strict liability doctrines. Under the one bite rule, owners can only be held liable if they know or should have known that their dog has a history of biting.

This means that in Vermont, there may be some difficulty establishing a claim against a dog owner; for a dog bite claim to be valid, the main thing that must be proven is the owner's negligence in preventing their pet from biting someone after the first instance of a bite incident.

Let’s take the Martin v. Christman case as an example. Three-year-old Gracie Martin was bitten on the face by one of the Christmans' dogs. The Martins then filed a case against the Christmans and their insurer using the concepts of negligence and strict liability. While the court recognized the gravity of the situation by affirming that negligence did occur, the strict liability claim was dismissed since the state follows a different doctrine.

Negligence

Vermont also uses a combination of comparative and contributory negligence theories to determine who is at fault in an incident. An individual can file a claim even if they are partially to blame, but the award they can recover will be lowered by their percentage of fault.

For example, you played with your neighbor's dog, but you unintentionally caused it to bite you by being too rough while playing. The court concluded that you were 20% to blame for the attack, so the $50,000 compensation that will be awarded to you will be reduced to $40,000.

Another important thing to consider is that you will be unable to obtain compensation if your percentage of fault is higher than the owner's (51% and above). This is mostly applicable in cases involving provocation and trespassing, where the fault rests more on the person who was bitten than the owner.

To know if the state’s liability standards give you sufficient grounds to file a case, you can contact a dog bite attorney.

Statute of Limitations in Vermont for Dog Bite Cases

A dog bite case is a type of personal injury; hence, the statute of limitations for filing a dog bite claim in Vermont is three years from the date of the incident. If you do not file your claim within this time limit, you may not be eligible for compensation.

Civil Penalties for Dog Bites in Vermont

Following the investigation of an incident, if a dog is proven to have bitten someone without provocation, municipal officials will send the owner an order of protection via mail. Owners may receive requests to restrain (by confinement, chains, or muzzles) or dispose of their pet in a humane manner. If they fail to comply with the terms of the order, they will face civil penalties.

An owner will receive a $500 fine for every violation they commit. They can then request a hearing, during which the legislative body may affirm, decrease, or nullify the penalty. If the penalty stands, the owner must pay the fine within 35 days to the enforcing agency or legislative body.

Furthermore, some cities and towns impose their own separate penalties depending on the violation. Some of these include the following:

• If a dog owner violates any section of Burlington's animal ordinance, they will have to pay a fine between $100 and $500.

• In Hartland, a dog owner will face a $50 fine for the first offense, $100 for the second offense, and $200 for subsequent offenses for violating the town's dog ordinance.

• An animal control officer or the Norwich Police can give citations to violators of Norwich's animal control ordinance. These citations can include a fine of up to $100.

• Waterford's animal control ordinance has a specific section on penalties for causing disturbances and nuisances, as well as failing to license one’s pet. Fines can range from $50 to $200, depending on the number of offenses.

On the other hand, Vermont does not have criminal legislation specifically for dog bites. This means that dog owners can only be held liable when the victim files a personal injury lawsuit against them.

Reporting and Handling Dog Bite Incidents

If you or your loved one is bitten by a dog outside its owner's premises, you can file a complaint with the animal control officer or the municipality where the incident took place. The report must contain the following information:

• The date, time, and place where the incident occurred.

• The name and address of the victim.

• Other relevant information that can help officials in investigating the incident (e.g., location of the bite, whether the bite was provoked or not, animal status).

When the local municipality receives the complaint, it must investigate the incident within seven days and hold a hearing as required by Vermont's dog bite laws.

How To Find a Dog Bite Attorney in Vermont

Following a dog bite attack, you may pay significant fees, such as surgical procedures, medication, therapy, and emotional anguish. If there is evidence that the dog has a history of biting and/or the owner is aware of their pet's past with biting, it is essential to speak with a dog bite attorney. They can assist you in understanding your choices in pursuing compensation and taking your case to court if you and the owner are unable to reach an agreement.

Furthermore, an attorney can help if you intend to contact the owner's insurance company. A dog bite attack is a painful experience, and having a lawyer by your side every step of the way can have a significant impact on your decision-making and claim efforts.

Other Resources for Dog Bite Victims in Vermont

Vermont Bar Association

The Vermont Bar Association provides a wide range of legal services for the public. It has a Lawyer Referral Service, which allows people to consult with attorneys regarding their legal concerns, including those related to dog bites. They can also be directed to the appropriate channel if necessary. Interested individuals can call 800-639-7036 for more information.

Vermont Legal Help

Vermont Legal Help is a website that offers legal information and helps residents of the state access legal assistance. One of its key services is the Legal Help Tool, which guides people on what they can do to address their legal problems. It covers topics such as health, family, public benefits, and housing. It also has legal forms that people can download and use when representing themselves or preparing to appear in court.

Vermont Judiciary

The Vermont Judiciary has a website that provides information for people who want to represent themselves in court. It also has an Access and Resource Center that offers free services; people can use computers for court-related matters, utilize workstations to attend remote hearings, and access data on court processes. For questions, send an email to jud.selfhelp@vermont.gov.