Connecticut

Summary: The defendant, Devon D., appeals from the judgments of conviction, rendered after a jury trial, of eleven offenses, in three separate files with three different docket numbers, pursuant to three separate informations, involving three different victims. Devon asserted that the prosecution as to the charges concerning C1 should have been separated from the charges as to C2 and C3, and that the evidence from C1’s case should not have been cross-admissible as to C2 and C3, an argument the Connecticut Appellate Court accepted as justifying reversal. Devon also argued on appeal that “the court improperly permitted the state to have a dog sit near C1 while she testified to provide comfort and support to her.” The appellate court concluded that the trial court had abused its discretion in permitting the use of the dog to comfort and emotionally support C1 while she testified without requiring the state to prove that this special procedure was necessary for this witness. At trial, defense counsel specifically told the trial court he was not making a confrontation clause claim as to the presence of the dog, and the appellate court therefore considered such a claim waived. Despite the absence of statutory authority for permitting a facility dog, the appellate court did conclude that the trial court had “inherent general discretionary authority” to permit such a dog, but also determined that this discretion was abused under the facts of the case. The judgments are reversed and the cases are remanded for new trials.

Summary: A rescue organization had adopted out a dog. The new owners were walking the dog unleashed when it attacked another dog. The plaintiff's filed a complaint of common law negligence and recklessness, which alleged that the rescue organization should have known and should have warned them of the dangerous tendencies of the specific dog but failed to do so. Connecticut law imposed strict liability on an owner or keeper of such an animal, and the statute had not been expanded to include the seller or transferor. The issue then was whether the court should expand the scope of such a negligence claim and create a duty of care owed by transferors or sellers of dogs with known and/or unknown propensities for aggression. The court found that there was no support for expanding liability in common law negligence when the organization in this case did not own, possess, harbor or control the dog. The court declines to impose a duty on the rescue agency to inform adoptive families.

Summary: A dog owner had purchased a Newfoundland dog from a breeder and signed a contract that stated she would return the dog to the breeder if she could no longer care for it. After the dog attacked another dog, the owner had the obligation to return the dog to the breeder. A third party, the owner’s friend attempted to help the owner and contacted the breeder to notify her about the owner's intention to return the dog. The breeder was busy on that particular day. She was with another dog delivering another litter of puppies and could not come to pick up the owner's dog. The owner then sold the dog to the defendant, a dog breeder and co-chair of the Newfoundland Club of New England Rescue. The rescue worker had prepared a bill of sale, which the owner signed, and the rescue worker then handed the owner $100 to help with expenses. The trial court held that the transfer to the rescue worker was not a bona fide sale. The rescue worker took possession of the dog in her capacity as a member of the rescue organization and not as a bona fide buyer. The court also found that the original breeder had not given up her contract rights to the dog. The breeder was handling an emergency delivery of puppies with a different dog, which made it reasonable that she could not pick up the owner's dog that day. The defendant rescue worker knew the breeder had not relinquished her contractual ownership right to the dog and so the court held that the plaintiff was the sole owner and entitled to sole possession.

Summary: This Connecticut section contains the state's anti-cruelty and animal fighting provisions.  Any person who overdrives, drives when overloaded, overworks, tortures, deprives of necessary sustenance, mutilates or cruelly beats or kills or unjustifiably injures any animal , or fails to give an animal in his or her custody proper care, among other things shall be fined not more than $1,000 or imprisoned not more than one year or both; a subsequent offense is a Class D felony.  Any person who maliciously and intentionally maims, mutilates, tortures, wounds or kills an animal is also guilty of a Class D felony. Animal fighting is also prohibited under this section as a Class D felony.  Connecticut has a cruelty to poultry law that provides that any crate or other container used for the purpose of transporting, shipping or holding for sale any live poultry must be in a sanitary condition with sufficient ventilation and warmth to prevent unnecessary suffering.  Other provisions include laws against dyeing chicks and rabbits, docking horses' tails, and the use of animals, birds, or reptiles to solicit money.

Summary: This short Connecticut statute limits the liability of equine sponsors by providing that each person engaged in recreational equestrian activities assumes the risk for any injury arising out of the hazards inherent in equestrian sports.  However, if the the injury was proximately caused by the negligence of the person providing the horse or by the failure to guard or warn against a dangerous condition, use, structure or activity, liability if not limited by law. Another section (557s), enacted in 2014, states that, 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. As such, there is 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 the animal.

Summary: This statutory section comprises Connecticut's lost property statutes.

Summary: Under this Connecticut law, any family or household member who has been subjected to a continuous threat of present physical pain or physical injury by another family may apply to the Superior Court for an order of protection . Under subsection (b), The court may also make orders for the protection of any animal owned or kept by the applicant including, but not limited to, an order enjoining the respondent from injuring or threatening to injure such animal.

Summary: The following statutes comprise the state's relevant assistance animal and guide dog laws.

Summary: Connecticut enacted its "pet trust" law in 2009. Under the law, a testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust terminates when the last surviving animal named in the trust dies. The trust must designate a "trust protector" who acts on behalf of the animals named in the trust.

Summary: In Connecticut, “civil preparedness” includes activities designed to minimize the effects upon the civilian population in the event of major disaster or emergency. Such measures include the nonmilitary evacuation of the civilian population, pets and service animals.