Orange County officials have said that a German Shepherd involved in an April 20, 2009 Newport Beach dog attack when it bit a 2-year-old boy, has been released from quarantine and will not be euthanized. According to a news report in The Orange County Register, the dog attack injured Connor Errington who stopped to pet the unattended dog that was tied to a tree outside a restaurant. The owner was eating at a restaurant close by. Little Connor suffered significant facial injuries as a result of this dog bite. He had to get several stitches to get the wounds closed up.
The dog was quarantined two days after the Newport Beach dog attack to monitor it for rabies, but as of April 30, 2009, it has been cleared and released. Orange County animal control officials say an investigation into the Orange County dog bite incident is ongoing. They will examine the dog's history of aggression but will wait until the investigation is complete before releasing further details. It's possible that officials will impose steps such as a mandatory muzzle, required liability insurance and "Beware of Dog" signs at the animal's Anaheim home, but it's also possible that no disciplinary measures will be taken.
I'd be interested to find out if this dog had a history of aggression or viciousness. I hope authorities take a closer look at this dog to determine its viciousness.
Connor Errington's family, if they have not already done so, would be well advised to contact an experienced Orange County dog bite attorney, who will help protect the victim's rights. California Civil Code Section 3342 states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."
Note that the law says it is not necessary for the plaintiff in a California case to prove that the dog was known to be vicious or had a propensity to bite. One bite is alone sufficient to support liability. Under California law, all the injured person must prove to recover damages for a dog bite injury is:
- The defendant owned the dog
- The dog bit the plaintiff
- The plaintiff was lawfully on the premises where the bite took place
- The bite caused the plaintiff injuries
Based on the law, there is no question that the dog's owner is liable for the dog attack, the personal injuries Connor suffered and the related damages caused by the dog bite.
SLS Consulting