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Dog-Bite Actions as a Cause of Action in Connecticut

In Connecticut, a dog-bite action may arise when an individual is injured by a dog with known vicious propensities. Unlike Connecticut’s strict liability statute for dog bites (General Statutes § 22-357), a common-law dog-bite claim requires the plaintiff to prove specific elements relating to the dog’s behavior and the owner’s knowledge of it. This common-law approach is typically pursued when strict liability does not apply, such as when the injured party was trespassing or provoking the dog.

According to Mann v. Regan and Basney v. Klema, the essential elements of a common-law dog-bite action are:

  1. The Dog Had Vicious Propensities
    The plaintiff must show that the dog exhibited vicious tendencies. A vicious propensity is any behavior likely to cause injury under the circumstances. This does not necessarily mean the dog must have bitten someone before; other behaviors, such as snapping, growling, or lunging aggressively, may qualify as evidence of vicious propensities.
  2. The Owner or Keeper Had Knowledge (or Means of Knowledge) of the Dog’s Vicious Propensities
    It is not enough to prove that the dog had vicious tendencies; the plaintiff must also show that the owner or keeper knew or should have known about the dog’s dangerous behavior. This knowledge can be actual (the owner witnessed prior aggressive incidents) or constructive (the owner should have known based on the dog’s history).

In these cases, the plaintiff must present clear evidence of the dog’s behavior and the owner’s awareness of it. Unlike strict liability claims, which do not require proof of the dog’s viciousness, common-law claims focus heavily on the dog’s prior behavior and the owner’s knowledge of it.

Find the Law

The elements of a dog-bite action under common law are outlined in Mann v. Regan, 108 Conn. App. 566, 579-80 (Conn. App. Ct. 2008), citing Basney v. Klema, 2 Conn. Cir. Ct. 538, 544 (1964):

“The plaintiff must prove that the dog had vicious propensities and that the owner or keeper had knowledge, or the means of knowledge, of them.”

A vicious propensity is defined as “any propensity on the part of a dog that is likely to cause injury under the circumstances.” This legal standard helps protect individuals from dangerous animals while ensuring fairness to dog owners.