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riley v. dempsey (2023)

Citation
riley v. dempsey (2023)
Parent Document
riley v. dempsey (2023)
Jurisdiction
Vermont (state)
Effective Date
2023-11-07
Original Source
https://www.courtlistener.com/opinion/9440801/riley-v-dempsey/ ↗

Other Sections in This Document (47)

Full Text

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There do not appear to be any Supreme Court cases directly addressing whether pet damage
falls within “normal wear and tear.” However, when courts are called upon to apply a statute under
new circumstances, one factor to consider is the common understanding of the words. See, e.g.,
Baker v. State, 170 Vt. 194, 200 (1999). In addition, the express language of the statute calls for
consideration of “the reasonable use for which the rental unit is intended.” Thus it was not error for
the Small Claims Court to consider the “common understanding” of the words, nor was it error for
the court to consider the explicit reference to pets in the first written lease.