Dog bites are a significant issue in the U.S., with the Centers for Disease Control and Prevention (CDC) estimating around 4.5 million dog bite incidents annually. While dog owners are typically the focus of liability cases, there are situations where dog handlers—individuals temporarily responsible for the dog—may face legal consequences. In Vermont, where pet ownership and outdoor activities are common, understanding the legal responsibilities of dog handlers is essential for both the public and legal professionals.

Vermont's Dog Bite Laws: An Overview

Vermont follows a mix of "strict liability" and "negligence" rules when it comes to dog bite claims. Under Vermont Statute Title 20, Section 3546, an owner is strictly liable for any injuries caused by their dog if the dog has a known history of aggression. However, even if the dog has no prior history of biting, the owner may still be held liable if they were negligent in controlling the dog.

But what about dog handlers? Handlers, who may not own the dog but are responsible for its care at a specific time, could also face lawsuits under certain conditions. Let's explore the potential liability for dog handlers in Vermont and the factors that may affect these cases.

Who Qualifies as a Dog Handler?

A dog handler is anyone temporarily responsible for controlling, managing, or supervising a dog. Common examples include:

• Professional dog walkers
• Pet sitters
• Dog trainers
• Friends or family members taking care of the dog

These individuals may assume legal responsibility during the time they have control over the animal, and this responsibility can make them susceptible to a lawsuit if a dog bite occurs.

When Can a Dog Handler Be Held Liable?

A dog handler in Vermont may be sued if their actions—or lack thereof—contributed to the dog bite incident. While Vermont's laws primarily hold dog owners accountable, handlers can be sued under the legal concept of negligence. For example, if a dog handler fails to maintain reasonable control over the dog, especially in a public setting, they could face legal consequences if the dog injures someone.

Here are some scenarios where a dog handler may be liable for a dog bite:

• Lack of Proper Restraint: If the handler fails to leash the dog in a public space and the dog bites someone, the handler may be found negligent.
• Ignoring Known Behavioral Issues: If the handler is aware that the dog has aggressive tendencies and does not take proper precautions, such as muzzling or using a secure leash, they could be liable.
• Failure to Supervise: If the handler leaves the dog unattended, especially around children or in an unfamiliar environment, and the dog bites someone, they may be held accountable.

Key Factors That Determine Handler Liability

Determining whether a dog handler can be sued for a dog bite in Vermont depends on several factors:

1. Relationship with the Dog: The handler's relationship with the dog and their knowledge of its behavior are crucial. If the handler is a professional (e.g., a dog trainer), they are expected to have a higher level of control and awareness of the dog's tendencies.
2. Negligence: As with most personal injury claims, negligence is a key factor. A handler must take reasonable steps to prevent a dog from injuring others. Failing to do so could expose them to a lawsuit.
3. Public vs. Private Property: The location of the incident also plays a role. Handlers are expected to follow local leash laws and maintain control of the dog in public spaces. If a bite occurs on private property, determining liability may depend on whether the handler took reasonable precautions.

Defenses a Dog Handler Can Use

If a dog handler is sued for a dog bite in Vermont, they may have several defenses available:

• Lack of Negligence: The handler could argue that they exercised reasonable care, such as using a leash and supervising the dog appropriately.
• Victim's Provocation: If the victim provoked the dog—whether through teasing or aggressive behavior—the handler might avoid liability.
• Contributory Negligence: Vermont follows a comparative negligence rule, meaning the injured party's role in the incident is also considered. If the victim is partly responsible for their injury, the handler's liability may be reduced accordingly.

Vermont Dog Bite Statistics

While Vermont does not publish specific dog bite statistics, data from the American Veterinary Medical Association (AVMA) highlights the widespread nature of dog bites across the U.S. Each year, around 800,000 Americans seek medical attention for dog bites, and children are most at risk. Even in a relatively rural state like Vermont, the risks posed by dog bites remain a significant concern, particularly for professionals who regularly handle dogs.

Preventative Measures for Dog Handlers

To minimize the risk of a lawsuit, dog handlers should take the following steps:

• Always leash the dog in public spaces, adhering to local leash laws.
• Familiarize themselves with the dog's behavior and take extra precautions if the dog has shown signs of aggression.
• Avoid high-risk situations where a dog might feel threatened or stressed.
• Never leave the dog unsupervised, especially in unfamiliar environments or around vulnerable individuals like children or the elderly.

Conclusion

In Vermont, while dog owners are primarily held responsible for dog bites, dog handlers can also be sued under certain conditions. If a handler fails to properly control or supervise the dog, especially in a public setting, they may face legal action. By knowing and understanding the risks and taking preventative measures, handlers can reduce their chances of facing a lawsuit.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.