A Shetland Sheepdog. Photo: Sannse/ Wikipedia Commons

A dog bite victim invoked Connecticut's "strict responsibility" statute to win a $101,000 settlement against the dog's owner, who was in a different time zone and had left her pet with an acquaintance.

State law holds a dog's owner liable for injuries caused by her four-legged companion, even if the owner had no way of anticipating—or preventing—the injury from occurring.

Dale P. Faulkner of Faulkner & Graves in New London, Connecticut. Courtesy photo

"The plaintiff doesn't have to prove negligence, but only has to prove [the defendant is] the owner and that the dog did the damage," said Dale P. Faulkner of New London's Faulkner & Graves, who represented the victim.

The defendant, Gianna Engles, left "Edward," her Shetland Sheepdog, in the care of Alyssa Hume of Groton while she vacationed in California. The breed, which originated from Scotland, is known for its affectionate temperament.

On Sept. 12, 2019, Hume brought the 8-year-old pooch to Pet Supplies Plus in Groton. She tethered the dog's collar and leash to the checkout counter and left Edward unattended while she went with an employee to find a product, according to the complaint.

While she was away, the dog bit a 3-year-old Xylei Arndtson, who was at the store with her mother. The girl suffered a laceration and skin avulsion wound to her left lower eyelid. Although she recovered, she has a permanent scar, which may require medical treatment in the future, the complaint said.

Faulkner said that the settlement consisted of payment of $22,500 from the store's insurance company, and $78,500 from Engles' insurance company.

Even though Engles was on the West Coast during the attack, she bore responsibility as the owner.

"Unlike some states, take Rhode Island for instance, our law imposes total and strict responsibility on an owner or a keeper of a dog, even though the dog may not have in any way demonstrated dangerous propensities," Faulkner said. "In other words, you can have the nicest, cutest, calmest dog that never has growled at anyone, let alone tried to bite them, but if that dog on that particular occasion bites someone, the owner or the keeper is responsible."

Hume, the dog's "keeper," did not have insurance; however, Engles was covered by her homeowners insurance policy.

In states without the "strict responsibility" rule, the injured party needs to establish that the dog owner knew of the dog's propensity to bite someone, which would mean proving the dog had bit someone in the past, Faulkner explained.

As a general rule of thumb for dog owners in Connecticut: only leave your dog in the care of someone you trust.

"I suppose you have to say, 'Be careful with my dog, don't let my dog bite anyone because I might be held liable,'" Faulkner said.

The settlement was approved by the Southeastern Connecticut Regional Probate District, and the funds have been deposited into an account with Brent Arndtson, Xylei's father, and her mother, Ashley Balmores, serving as guardians. The funds cannot be withdrawn until Xylei turns 18.

"The reason the matter was affirmed in probate court is that Connecticut law requires that if a minor is to receive money, of $10,000 or greater, it must be approved by the appropriate probate court, which has jurisdiction over the 'so-called estates' of minor children," Faulkner said.

The plaintiff withdrew her Superior Court complaint on Feb. 14.

Pet Supplies Plus was represented by Stacey Francoline, of Wallingford, and Engles' attorney was Gordon Goldsmith of New Haven.

Andrew Larson

Andrew Larson

Andrew Larson is a litigation reporter with the Connecticut Law Tribune and can be reached at [email protected]. Follow him on Twitter @drewlarson_news.

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