Connecticut 2014 Regular Session

Connecticut House Bill HB05044 Compare Versions

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1-Substitute House Bill No. 5044
1+General Assembly Substitute Bill No. 5044
2+February Session, 2014 *_____HB05044ENV___031014____*
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3-Public Act No. 14-54
4+General Assembly
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5-AN ACT CONCERNING THE LIABILITY OF OWNERS AND KEEPERS OF DOMESTICATED HORSES, PONIES, DONKEYS AND MULES.
6+Substitute Bill No. 5044
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8+February Session, 2014
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10+*_____HB05044ENV___031014____*
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12+AN ACT CONCERNING DOMESTICATED HORSES.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (NEW) (Effective from passage) (a) In any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule, such horse, pony, donkey or mule shall not be found to belong to a species that possesses a naturally mischievous or vicious propensity.
16+Section 1. (NEW) (Effective from passage) (a) In any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule there shall be a presumption that such horse, pony, donkey or mule is domesticated, is not inherently dangerous and does not possess a vicious propensity. Such presumption may be rebutted by evidence that such horse, pony, donkey or mule was not raised or kept by a person.
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11-(b) In any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule, there shall be a presumption that such horse, pony, donkey or mule did not have a propensity to engage in behavior that would foreseeably cause injury to humans. Such presumption may be rebutted by evidence that such horse, pony, donkey or mule previously exhibited behavior that put the owner or keeper of such horse, pony, donkey or mule on notice that such horse, pony, donkey or mule had a propensity to engage in the behavior that allegedly caused such personal injury.
18+(b) In any civil action brought against the owner or keeper of any horse, pony, donkey or mule to recover damages for any personal injury allegedly caused by such horse, pony, donkey or mule, evidence that such horse, pony, donkey or mule previously caused an injury to a person shall not be sufficient to establish a duty for such owner or keeper to restrain such horse, pony, donkey or mule as to prevent such horse, pony, donkey or mule from causing injury.
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13-(c) There shall be no cause of action for strict liability brought against the owner of any horse, pony, donkey or mule to recover damages for any personal injury alleged to be caused by such horse, pony, donkey or mule.
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23+This act shall take effect as follows and shall amend the following sections:
24+Section 1 from passage New section
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26+This act shall take effect as follows and shall amend the following sections:
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28+Section 1
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30+from passage
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32+New section
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36+ENV Joint Favorable Subst.
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38+ENV
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40+Joint Favorable Subst.