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Connecticut Appellate Court Holds Recovery Under Dog Bite Statute Limited to “Active or Affirmative” Conduct of a Dog

In a decision officially released on April 24, 2012, the Connecticut Appellate Court has re-affirmed prior appellate court decisions that have held that a damage recovery under the Connecticut Dog Bite Statute is limited to those circumstances where the damage or injury complained of was caused by active or affirmative conduct of a dog.


The plaintiff in the case of Atkinson v. Santore filed a lawsuit against a homeowner claiming she was potentially exposed to the rabies virus due to her contact with a homeowner’s dogs that had come into contact with a rabid raccoon.  The plaintiff did not observe the dogs have any physical contact with the raccoons.  The plaintiff argued that the Dog Bite Statue does not require an active or affirmative act on the part of the dog to allow recovery.


The Connecticut Appellate Court disagreed and stated that, “our courts have long held that the [Dog Bite Statute] applies only to a dog’s volitional conduct that is either vicious or mischievous rather than innocent or voluntary.”


If you or a loved one have suffered an injury involving a dog, you should consult with and experienced Dog Bite Lawyer to determine if you have a valid claim for compensation under Connecticut’s Dog Bite Statute.

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