Orange County animal care services officials are investigating a dog bite incident in Lake Forest, California, which injured resident Jim Gardner and his bijou/poodle mix, Tizzy. According to a news report in The Orange County Register, Gardner and his wife, Anne Breuer, were exiting their car to get lunch at a local restaurant with their poodle, the afternoon of July 29, 2009, when a 70-pound gray and white pit bull charged and grabbed Tizzy by the neck.

Gardner tried to get the pit bull off his dog by hitting it in the head. The man who was with the pit bull also attempted to get the dog to release the poodle, but it would not. Gardner had to get on the ground for leverage and apply a choke hold. Then he reached into the pit bull's mouth and pulled its jaws apart. And that was when the pit bull let go of the poodle. Tizzy, the poodle, had to undergo surgery right away to save its life. Gardner sustained cuts to his legs and arms.

Dog's Owner Sought

The man who was with the pit bull told officials that he had found the dog chained in a local canyon. The dog was however, micro-chipped and officials are trying to determine who its owner is and whether it is dangerous or "vicious." If the dog is found to be vicious, the owner could be required to contain it in an enclosed kennel and have the animal muzzled and leashed when out in the public.

Based on the newspaper report, this seems to have been an unprovoked attack by the pit bull. I'm relieved that Gardner was not seriously injured in this Lake Forest dog attack incident. It could, of course, have turned out a lot worse for him, given the size of this pit bull. I'm also happy that his poodle is doing much better and is recovering. The pit bull bite could have proved fatal for that little dog had Gardner not intervened.

I hope officials are able to determine who the owner of this pit bull is and hold him or her accountable. In this case, the owner should be held liable for the injuries and medical expenses incurred by Gardner to save his dog. If Gardner's injuries require treatment, that should be compensated by the dog owner as well.

California Dog Bite Law

California has a "strict liability statute" in dog bite cases. California’s 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."

So whether or not this pit bull had a history of being dangerous and vicious, its owner is liable for this attack and the resulting injuries to Gardner and his poodle mix. Gardner would be well advised to seek the counsel of an experienced Orange County personal injury lawyer who has a thorough knowledge of local dog bite laws. The best personal injury law firms in Orange County always offer a free and comprehensive initial consultation.

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