.

Brookfield Reps Sponsor Tougher Liability on Dog Owners

After Rottweiler attacks in Goshen and Brookfield, state legislators look to toughen the laws.

Three days after , the state legislature’s Joint Judicial Committee gave a unanimous favorable opinion on a new bill that would hold dog owners liable for damage caused by their pets, including veterinary and/or burial costs if that damage is inflicted upon another “companion animal.”

The proposed legislation answers many of the concerns brought forth by the Carcaldi family, Benji’s owners, who asked for tighter regulations on dog owners after their two teenage children were witness to the brutal mauling by a neighborhood Rottweiler.

The bill, SB246, was first conceived of in 2008 after a Rottweiler attacked a black Labrador Retriever in the town of Goshen. State Sen. Andrew Roraback (R-30), who lives in Goshen but also serves Brookfield as part of his district, put forward the bill three years ago, however it has yet to make it to the floor of the House for a vote.

___________________________________________________________________________________________

Interested in Brookfield news, events, community bulletins, blogs and businesses? Sign up for the free Brookfield Patch daily newsletter, "like" us on Facebook and follow us on Twitter.

___________________________________________________________________________________________

“The fact that something is a good idea doesn’t always mean it will pass,” Roraback said, explaining that there are now less than 10 days left in the legislative session to act on the bill or it will have to start at square one in the next session.

State Rep. David Scribner (R-107), whose district is largely made up of Brookfield, signed on as the House co-sponsor of the bill after speaking with the Carcaldi family about their tragic loss.

“It appears as though things were properly handled” from a legal standpoint, Scribner said, though he can sympathize with the Carcaldis and would like to see the law changed.

Scribner said his family pet was also the victim of dog-on-dog violence while on a walk in Brookfield a few years ago, though, “luckily there were no serious injuries.”

Changing the Law

Under current Connecticut law (not to be changed in this bill), the designated municipal official, in this case the regional animal control officer, and the owner who sustained the damage decide on an estimate and come to a consensus on reimbursement. (If they cannot agree, a “disinterested third party” would be enlisted.) However, as far as damages to companion animals, such as dogs, the law only covered the replacement cost.

According to a statement to the legislature written by Goshen resident Charlene Dutka, the owner of the black Lab, Maxx survived his attack, however the medical bills were over $20,000.

“The insurance agent [of the offending dog owners] offered us $200 for Maxx and $800 for trauma,” Dutka wrote, with the $200 considered Maxx’s “replacement value.”

While Maxx lived for another two years after the attack, he required extensive surgery, including having his ear reattached, limbs amputated and metal plates put in his jaw.

“The representative told me I needed to think of Maxx as personal property, similar to an old car,” Dutka continued, “When the repairs exceed the value of the car, the car is totaled.”

Under the proposed bill, were a companion animal attacked, the owner would be liable for “expenses of veterinary care, the fair monetary value of the companion animal and burial expenses for the companion animal."

A Bad Breed?

In an interview shortly after the attack on Benji in Brookfield, mother Margaret Carcaldi said she also wanted state legislators to consider requiring higher insurance premiums for owners of certain dog breeds, however this was not a part of SB246.

There wasn’t much support in the legislature for breed-specific language, according to Scribner, who added that he was not in favor of it, either.

“Any breed of dog can become aggressive, just like human beings,” he said, though, he admitted, “some are more aggressive by nature.”

“It’s certainly a very fair request,” Roraback said, though unnecessary, as the proposed legislation as it stands would still hold the offending owners fully liable, regardless of their insurance coverage or the breed of the offending dog.

Roraback said he generally refrains from speculating about what the General Assembly will do, however he is “cautiously optimistic the third time’s the charm” and the bill will make it to the floor for a vote before the end of the legislative session.

CleverA April 30, 2012 at 12:15 PM
Even suggesting that there should be higher insurance premiums on certain dog breeds is ignorance. I have owned several different breeds of dogs and any breed can be aggressive. What needs to be brought to the table again, is the un-fair cat roaming law. I don't want your pet pooping in my yard! My pet doesn't poop in yours. I can't let my dog have free roam of my own yard, because your cat might wander in and my dog might attack it. That doesn't sound fair at all. Who even thought to make that legal. If your going to make tighter laws on dogs, there needs to be tighter laws on all pets.
Aaron Boyd (Editor) April 30, 2012 at 06:06 PM
Reader Carl Solazzo posted this on our Facebook page (http://www.facebook.com/BrookfieldPatch): "Wow. Have they forgotten that we have real issues they should be working on??"
unbelievable 1 May 01, 2012 at 12:05 AM
WOW...Really Carl? Do you have a heart beating in that chest of yours? I
unbelievable 1 May 01, 2012 at 12:08 AM
CleverA.................you're an idiot....you are worried about cat poop? The only reason you commented is because you are worried about your insurance premiums increasing!
Brookfielder May 01, 2012 at 12:27 AM
Ditto Aaron Boyd,. My feelings exactly! Any Republican that pushes this law I for one will make every effort to vote out of office! I live in Brookfield. I Love pets always had a dog and I am discusted that they would waste time on this bill. Shame on them!
unbelievable May 01, 2012 at 12:53 AM
WOW!!! Really Brookfielder? Aaron is the one who wrote the article, not the post. I hope you pay more attention in the voting booth than you do on the Patch!!
Aaron Boyd (Editor) May 01, 2012 at 02:25 AM
Reader Donna Kardash left this on our Facebook page in response to a comment from Carl Solazzo: "Real nice comment Carl, what if it's someone's child that gets attacked next time, not to mention that pets are like family. These are important issues, maybe next time it could affect you."
Aaron Boyd (Editor) May 01, 2012 at 02:31 PM
Margaret Riordan Carcaldi continued the thread on our Facebook page: "Carl...see that beautiful baby in your arms? Well, I remember when my kids were that age and not once did I EVER imagine that they would be witness to their beloved pet being mauled to death in front of them and carrying his dead body home. Obviously there are "bigger" issues out there and if you feel strongly about one issue in particular I urge to to contact Rep. Scribner.....It takes only one voice to make a change and I am happy I taught my kids that lesson."

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something
See more »