Vermont

Summary: In Brattleboro, Vermont, owners or keepers of assistance dogs are exempt from the license surcharge fee, but are still required to pay a basic license fee plus a fee for the statewide rabies program. When obtaining a license, owners or keepers of assistance dogs must provide documentation of their assistance dog’s training. The following ordinances also indicate which dogs are eligible as assistance dogs.

Summary: This case involves an action by a dog owner against farmer for wrongfully impounding dogs and against town constable for wrongfully killing the dogs.  The Vermont Supreme Court held that farmer had acted in a reasonable and prudent manner by contacting the constable, where he never intended to "impound" the dogs when he secured them overnight in his barn after finding them in pursuit of his injured cows.  However, the issue of whether the dogs were wearing a collar as required by state law precluded the granting of a directed verdict for the constable.  (Under state law, a constable was authorized to kill dogs not registered or wearing a prescribed collar.)  The court held that it was necessary for the jury to make this determination.

Summary: A dog that wandered onto defendant’s property was shot and killed by defendant. The dog’s owners sued under an intentional tort theory and a claim for loss of companionship. The Supreme Court upheld the award of economic damages for the intentional destruction of property. It also held that the owners could not recover noneconomic damages for emotional distress under Vermont common law.

Summary: Owners of a licensed dog that escaped while not wearing its tags filed an action against a local animal shelter that ultimately released the dog to others for adoption.  The court held that the town's actions fully complied with its animal control ordinance and that its ordinance provided ample notice to plaintiffs consistent with state law and due process requirements.

Summary: Finder found Owner’s lost dog.   Finder posted signs in order to locate Owner.   More than a year later, the owner contacted Finder to take back the dog.   However, Finder was permitted to keep the dog, since she had cared for the dog and made good efforts to locate the true owner.

Summary: Defendant shot plaintiff’s hunting dog, and plaintiff sued for trespass. The dog was shot while in pursuit of a fox. Defendant shot at the fox, but accidentally hit the dog. The court held that, because the shooting was a voluntary act, he was liable for exemplary damages for “intentionally or wantonly” shooting the dog.

Summary: This Vermont case answered whether noneconomic damages are available when a companion animal dies due to negligent acts of veterinarians and a pharmaceutical company, and also whether a claim for negligent infliction of emotional distress (NIED) is allowed for the death of a pet. The Vermont Supreme Court answered both questions in the negative. Plaintiffs' cats died after taking hypertension pills produced by defendant pharmaceutical company Vetpharm, which contained a toxic level of the medication (20 times the labeled dose). After the cats were brought into defendant-veterinarians' office, plaintiff contends that defendant veterinarians negligently or wantonly failed to diagnose the toxicity in the cats, and improperly treated the cats as a result. While the plaintiffs and amici urged the court to adopt a special exception to recover noneconomic damages for the loss of their personal property (to wit, the cats), the court found that to be a role more suited to the state legislature. With regard to the NIED claim, the court held that plaintiffs were never in the "zone of danger" necessary to establish a claim.

Summary: These regulations detail the disclosures a pet dealer must make to a consumer at the time of sale of a cat or a dog pursuant to 20 V.S.A § 4302. According to the regulations, the consumer, at the time of sale, must be provided a copy of the Consumer Right-To-Know form, the Cat or Dog Request for Restitution form, the Consumer's Rights under 20 V.S.A. § 4302(a),(e) and § 4303, and the applicable state laws regarding rabies and licensing.

Summary: These Vermont regulations for animal welfare set out the requirements kennels, pet stores and other animal facilities must follow in order to ensure the safe handling, care, treatment and transportation of animals is met. Precisely, the following regulations include: provisions regarding registration and licensing periods; government inspections; and specific instructions for the housing and care of cats and dogs.

Summary: These Vermont regulations provide animal welfare standards for all licensees, including recordkeeping requirements, holding periods, and inspection provisions. Subpart D then outlines the specifications for the humane handling, care, treatment, and transportation of nonhuman primates. Facility requirements, feeding, watering, veterinary care, and transportation requirements are described, among other things.