Dog Bite Defenses: Provocation and Your Own Fault

By the FigureMyTax Editorial Team · How we calculate

With no bite statute, the defenses come from the one-bite rule and comparative negligence.

No knowledge

The core defense is that the owner did not know and had no reason to know the dog had dangerous propensities.

Provocation

A Vermont firm notes that teasing or provoking the dog can make you partially responsible; there is no statutory list of exceptions.

Your negligence

Under 12 V.S.A. 1036, your negligence is deducted from your damages and bars them if greater than the defendants' combined negligence.

Breed alone is not enough

A summary says the Supreme Court has rejected the idea that a breed by itself proves a dog is dangerous.

Insurance

Dog bite claims are often paid under the owner's homeowner's or renter's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Vermont's rules apply to your specific case with a licensed Vermont attorney.