BILL AS INTRODUCED H.183
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VT LEG #380513 v.1
H.183 1
Introduced by Representative Dobrovich of Williamstown 2
Referred to Committee on 3
Date: 4
Subject: Domestic pet or wolf-hybrid control; civil liability for injury caused 5
by domestic dogs 6
Statement of purpose of bill as introduced: This bill proposes to impose a 7
strict liability standard for injury caused by domestic dogs. 8
An act relating to strict liability for damages caused by domestic dogs 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 20 V.S.A. § 3546 is amended to read: 11
§ 3546. INVESTIGATION OF VICIOUS DOMESTIC PETS OR WOLF - 12
HYBRIDS; ORDER 13
(a) When a domestic pet or wolf-hybrid has bitten a person while the 14
domestic pet or wolf-hybrid is off the premises of the owner or keeper, and the 15
person bitten requires medical attention for the attack, the person may file a 16
written complaint with the legislative body of the municipality. The complaint 17
shall contain the time, date, and place where the attack occurred, the name and 18
address of the victim or victims, and any other facts that may assist the 19 BILL AS INTRODUCED H.183
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legislative body in conducting its investigation required by subsection (b) of 1
this section. 2
(b) The legislative body, within seven days from receipt of the complaint, 3
shall investigate the charges and hold a hearing on the matter. If the owner of 4
the domestic pet or wolf-hybrid that is the subject of the complaint can be 5
ascertained with due diligence, the owner shall be provided with a written 6
notice of the time, date, and place of hearing and the facts of the complaint. 7
(c) If the domestic pet or wolf-hybrid is found to have bitten the victim 8
without provocation, the municipal officials shall make such order for the 9
protection of persons as the facts and circumstances of the case may require, 10
including that the domestic pet or wolf-hybrid is disposed of in a humane way, 11
muzzled, chained, or confined. The order shall be sent by certified mail, return 12
receipt requested. A person who, after receiving notice, fails to comply with 13
the terms of the order shall be subject to the penalties provided in section 3550 14
of this chapter. 15
(d) The procedures provided in this section shall apply if the domestic pet or 16
wolf-hybrid is not a rabies suspect. If a member of the legislative body or a 17
municipal official designated by the legislative body determines that the 18
animal is a rabies suspect, the provisions of subchapter 5 of this chapter and 19
the rules of the Department of Health shall apply. 20 BILL AS INTRODUCED H.183
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(e) The procedures provided in this section shall not apply if the voters of a 1
municipality, at a special or annual meeting duly warned for the purpose, have 2
authorized the legislative body of the municipality to regulate domestic pets or 3
wolf-hybrids by ordinances that are inconsistent with this section, in which 4
case those ordinances shall apply. [Repealed.] 5
Sec. 2. 20 V.S.A. chapter 193, subchapter 7 is added to read: 6
Subchapter 7. Damages by Domestic Dogs 7
§ 3821. CIVIL LIABILITY FOR INJURY CAUSED BY DOMESTIC DOGS 8
(a) Strict liability. The owner of a domestic dog has a duty to keep that dog 9
under reasonable control at all times and to keep that dog from running at 10
large. The owner may be held liable for any injury caused by the dog 11
regardless of whether the dog has shown any dangerous propensities or 12
whether the owner knew or should have known of the dog’s dangerous 13
propensities. A person who breaches the duty imposed by this section shall be 14
subject to civil liability for any damages suffered by a person who is injured by 15
the dog or whose domestic pet is injured by the dog while in a public place or 16
lawfully in or on the private property of another. 17
(b) Limitations on liability. Subsection (a) of this section shall not be 18
construed to impose liability upon: 19
(1) any governmental agency using a dog in military or police work if 20
the injury occurred during the course of the dog’s official duties; or 21 BILL AS INTRODUCED H.183
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(2) the owner of the dog if: 1
(A) the injured person was trespassing upon the private property of 2
the dog’s owner; 3
(B) the injury occurred while the dog was protecting the dog’s owner 4
or another innocent party from attack by the injured person or a dog owned by 5
the injured person; 6
(C) the injury occurred while the dog was securely confined in a 7
kennel, a crate, or another enclosure; or 8
(D) the injury occurred as a result of the injured person enticing, 9
disturbing, alarming, harassing, or otherwise provoking the dog. 10
(c) Definitions. As used in this section: 11
(1) “Domestic pet” has the same meaning as in section 3541 of this title. 12
(2) “Owner” means a person who, at the time of the damage caused to 13
another, regularly harbors, keeps, or exercises control over the dog, but does 14
not include a person who, at the time of the damage, is temporarily harboring, 15
keeping, or exercising control over the dog. 16
(3) “Running at large” means a dog goes uncontrolled by the dog’s 17
owner upon the premises of another without the consent of the owner of the 18
premises or of another person authorized to give consent or goes uncontrolled 19
by the owner upon a highway, public road, street, or any other place open to 20
the public generally. 21 BILL AS INTRODUCED H.183
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Sec. 3. EFFECTIVE DATE 1
This act shall take effect on July 1, 2025. 2