Dog Bites and Children: Special Considerations in Injury Cases

Children are particularly vulnerable to dog bites, and these incidents can lead to severe physical and emotional injuries. Dog bite cases involving children often require special legal considerations, as the injuries are typically more serious and the psychological impact can be long-lasting. This article discusses the unique aspects of dog bite cases involving children, how liability is determined, and what parents should know when pursuing a claim on behalf of their child.

Why Children Are More Vulnerable to Dog Bites

Children are at a higher risk for dog bites due to several factors, including their size, behavior, and lack of understanding about how to interact safely with dogs. Here are some reasons why children are more vulnerable:

1. Unpredictable Movements and High Energy:

Children often move quickly, make loud noises, and behave unpredictably, which can trigger a dog’s prey drive or cause the dog to become anxious. Dogs may react defensively or aggressively if they feel threatened by a child’s sudden movements.

2. Lack of Awareness:

Young children may not recognize warning signs that a dog is uncomfortable, such as growling, showing teeth, or backing away. They may also try to hug, pet, or play with dogs in ways that make the animal feel threatened.

3. Smaller Size and Height:

Due to their smaller stature, children are more likely to be bitten on the face, neck, or head, leading to more serious injuries. These injuries often result in disfigurement, scarring, and the need for reconstructive surgery.

4. Close Proximity:

Children are more likely to approach dogs at eye level, which can lead to direct confrontations. This proximity increases the risk of facial injuries, which can have long-term physical and emotional consequences.

Legal Considerations in Child Dog Bite Cases

Dog bite cases involving children present unique legal challenges. Here are key legal considerations to keep in mind:

1. Strict Liability vs. Negligence:

As with any dog bite case, the applicable law depends on the state where the incident occurred. In strict liability states, the dog’s owner is automatically responsible for the bite, regardless of whether the dog had a history of aggression. In states that follow the one-bite rule or require proof of negligence, it’s necessary to show that the owner knew the dog was dangerous or failed to take reasonable precautions.

2. Parental Responsibility and Comparative Negligence:

In some states, the dog owner may argue that the child or the child’s parents were partially at fault for the incident. For example, if the child was teasing the dog or entered the dog owner’s property without permission, the owner might claim comparative negligence. However, courts often give children more leeway when assessing fault, particularly for younger children who may not fully understand the risks of interacting with dogs.

3. Special Protections for Young Children:

Many states recognize that young children, typically under the age of seven, cannot be held responsible for provoking a dog or contributing to the incident. This legal presumption can make it easier to establish liability in cases involving very young victims.

Example:

In California, children under the age of five are presumed incapable of negligence, meaning the focus is entirely on the dog owner’s responsibility.

4. Emotional and Psychological Damages:

In dog bite cases involving children, emotional and psychological trauma are significant factors in determining compensation. Children who are bitten by dogs may develop anxiety, fear of animals, nightmares, and post-traumatic stress disorder (PTSD). Courts and insurance companies often consider these non-economic damages when calculating settlements or awards.

5. Long-Term Impact and Disfigurement:

Serious dog bites can lead to permanent scarring and disfigurement, especially when the injuries occur on the face or neck. In child dog bite cases, compensation must account for the long-term impact on the child’s life, including future medical procedures (such as scar revision surgery) and the emotional toll of living with visible scars.

Pursuing a Claim on Behalf of a Child

When a child is injured by a dog bite, the legal process for pursuing a claim is slightly different from that of an adult. Here’s what parents should know:

1. Guardians Ad Litem and Legal Representation:

In most states, a parent or guardian must act on behalf of the child when filing a claim. This representative is often referred to as a “guardian ad litem.” The guardian ad litem works with an attorney to pursue the claim and make decisions in the child’s best interests.

2. Settlement Approval by the Court:

In cases involving minors, the court typically reviews and approves any settlement reached to ensure that it is fair and in the child’s best interest. This additional layer of protection helps prevent settlements that might undervalue the long-term needs of the child.

3. Structured Settlements:

In some cases, settlements for child dog bite victims may be structured to provide payments over time, such as when the child reaches adulthood. This ensures that funds are available for future needs, including medical expenses, education, and other long-term costs.

4. Statute of Limitations for Minors:

The statute of limitations for filing a dog bite claim is often extended for minors. In many states, the statute of limitations does not begin until the child reaches the age of 18. This extension allows parents time to evaluate the long-term impact of the injury before filing a claim.

Example:

If the standard statute of limitations in your state is two years, and your child was bitten at age 12, the statute of limitations may not expire until your child turns 20.

Key Steps to Take After a Child Is Bitten by a Dog

If your child has been bitten by a dog, taking the following steps can help protect their rights and build a strong case:

1. Seek Immediate Medical Care: Dog bites can lead to infections, scarring, and other complications. Prompt medical treatment is essential for both your child’s health and for documenting the injury.
2. Report the Incident: File a report with local animal control or law enforcement. This creates an official record of the bite and helps identify whether the dog has a history of aggression.
3. Document the Injury: Take photographs of the injuries, keep medical records, and gather witness information. This evidence is critical for proving the severity of the injury and establishing liability.
4. Consult an Attorney: An experienced dog bite attorney can guide you through the legal process, ensure your child’s rights are protected, and help you pursue compensation for both current and future needs.

Conclusion

Dog bite cases involving children require special legal considerations due to the unique vulnerabilities and long-term impact on young victims. Understanding how liability is determined, what protections are in place for children, and the steps to take after an incident is crucial for securing fair compensation. If your child has been bitten by a dog, working with an experienced dog bite attorney can help you navigate the legal process and ensure that your child’s best interests are protected.