House Bill No. 5257, as amended by House Amendment Schedule "A," is an act concerning liability for damage to person or property caused by a dog. The bill amends Section 22-357 of the general statutes to include new definitions and clarifications regarding the liability of dog owners and keepers. It specifies that both the owner and keeper, or either, are liable for any damage caused by their dog to a person's body or property. The bill also includes provisions for the liability of parents or guardians if the owner or keeper is a minor, except in cases where the damaged party was committing a trespass or other tort, or was teasing, tormenting, or abusing the dog. There is a presumption that minors under seven years of age were not committing such acts, and the burden of proof lies with the defendant. Additionally, the bill presumes that household members of law enforcement officers are not keepers of dogs assigned to the officers and places the burden of proof on the plaintiff to prove otherwise.
The bill also amends Section 22-364b of the 2024 supplement to the general statutes, requiring dog owners or keepers to restrain their dogs on a leash when near a person with a disability accompanied by a service animal. Violation of this provision is considered an infraction, and if a dog attacks a service animal as a result of such a violation, the owner or keeper, or both, are liable for damages, including veterinary care, rehabilitation, or replacement of the service animal, as well as reasonable attorney's fees. The bill specifies that the liability provisions are effective from October 1, 2024. The fiscal impact statement indicates that the bill is not expected to result in a cost to the state or municipalities and will not materially impact court operations. House Amendment "A" makes clarifying changes to the underlying bill, specifying that a dog's owner, keeper, or both are liable for damage the dog causes, rather than specifying that the owner or keeper are jointly and severally liable.
Statutes affected: Raised Bill: 22-357
JUD Joint Favorable: 22-357
File No. 438: 22-357
File No. 615: 22-357