Dog Bite Settlements: Special Considerations for Child Victims

Dog bites are a serious public health concern, especially when children are involved. According to the Humane Society, children account for 51% of dog bite victims. The American Veterinary Medical Association notes that the rate of dog bites is highest for children between 5 and 9 years old. When a child suffers a dog bite, the physical and emotional trauma can be particularly devastating, leading to unique legal and settlement considerations.

Why Children Are More Vulnerable to Dog Bites

Children are disproportionately affected by dog bites for several reasons:

Height and Proximity: A child’s height often places their face and neck at the same level as a dog’s head, making them more vulnerable to bites to these sensitive areas.
Unpredictable Behavior: Children may not understand how to interact safely with dogs and may engage in behaviors that a dog perceives as threatening, such as sudden movements or loud noises.
Lack of Awareness: Young children may not recognize warning signs of aggression in dogs, such as growling or stiff body language.
Increased Vulnerability: Children are smaller and less able to defend themselves against a dog attack, leading to more severe injuries.

Common Injuries in Child Dog Bite Cases

Dog bite injuries in children can range from minor lacerations to severe trauma, often requiring extensive medical treatment. Common injuries include:

Lacerations and Puncture Wounds: These are the most common types of injuries, often requiring stitches or surgical repair.
Facial Injuries: Children are more likely to sustain bites to the face, head, and neck, which can result in permanent scarring and disfigurement.
Infections: Dog bites can introduce bacteria into the wound, leading to infections that require antibiotic treatment.
Fractures: In severe attacks, children may suffer broken bones, particularly in the arms, legs, or face.
Emotional Trauma: Dog bites can cause significant emotional distress, leading to anxiety, fear of dogs, nightmares, and post-traumatic stress disorder (PTSD).

Legal Rights of Child Dog Bite Victims

When a child is bitten by a dog, the child’s parents or guardians have the right to file a personal injury claim against the dog owner to seek compensation for damages. Many states have strict liability laws regarding dog bites. For example, California Civil Code § 3342 states that 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.

Compensation may include:

Medical Expenses: This covers all medical treatment costs, including emergency room visits, surgeries, medications, and ongoing therapy.
Future Medical Expenses: Children may require additional medical care in the future, such as reconstructive surgery or scar revision.
Pain and Suffering: This compensates the child for the physical pain and emotional distress caused by the dog bite.
Emotional and Psychological Damages: Children who experience emotional trauma may require therapy or counseling to cope with anxiety, fear, or PTSD.
Permanent Disability or Disfigurement: If the dog bite results in permanent scarring or disfigurement, the child may be entitled to compensation for the impact on their future earning capacity and quality of life.
Lost Wages (for Parents): Parents may be able to recover lost wages if they have to take time off work to care for their injured child.

Special Considerations in Child Dog Bite Cases

Several special considerations come into play when handling dog bite settlements involving child victims:

Higher Compensation: Courts often award higher compensation to child victims due to the greater physical and emotional harm they experience. This may include future medical costs, multiple surgeries for scar revision, and long-term therapy.
Statute of Limitations: The statute of limitations for filing a dog bite lawsuit is often extended for minors. In many states, the child has until their 18th birthday plus an additional two years to file a claim.
Parental Responsibility and Supervision: Unlike adults, children cannot be held responsible for dog bite injuries unless they were illegally trespassing on private property. However, parental supervision may be a factor in determining liability.
Structured Settlements: Because children cannot legally make financial decisions, courts often require structured settlements in large dog bite cases. A structured settlement ensures that the child’s compensation is managed responsibly and distributed over time.
Emotional Trauma: Children process fear and pain differently than adults. After a dog attack, even if the injuries were minor, many kids experience emotional symptoms that can be just as disruptive as physical ones. These may include: Fear of dogs or animals in general, Nightmares or difficulty sleeping, Trouble concentrating or going to school, Separation anxiety or fear of going outside and Signs of depression or social withdrawal.

The Role of Insurance

Dog bite claims are often covered by homeowner’s or renter’s insurance policies. In Connecticut, the average dog bite insurance claim payout was $49,025 in 2023. However, insurance companies may try to minimize payouts, making it essential to have an experienced attorney on your side.

Documenting Your Child’s Dog Bite Case

To support a strong claim, it’s crucial to document all aspects of your child’s dog bite case:

Medical Records: Keep detailed records of all medical treatment, including doctor’s visits, hospital stays, and therapy sessions.
Photographs: Take clear, well-lit photographs of the child’s injuries immediately after the attack and throughout the healing process.
Witness Statements: Gather statements from any witnesses who saw the dog bite incident.
Incident Report: Report the dog bite to local animal control or law enforcement agencies.
Financial Records: Keep track of all medical bills, therapy costs, and lost wages.

Seeking Legal Assistance

If your child has been bitten by a dog, it’s essential to seek legal assistance from an experienced dog bite attorney. An attorney can help you understand your child’s legal rights, navigate the claims process, and negotiate a fair settlement with the insurance company. They can also represent you in court if necessary.

Advice

Here is some advice to consider:

Seek immediate medical attention: Ensure your child receives prompt medical care for their injuries.
Document everything: Keep detailed records of all medical treatment, photographs, and related expenses.
Consult with an attorney: Contact a dog bite attorney to discuss your legal options and protect your child’s rights.
Prioritize your child’s emotional well-being: Seek therapy or counseling to help your child cope with the emotional trauma of the dog bite.
Be patient: Dog bite settlements can take time, so be prepared for a potentially lengthy legal process.

Dog bite attacks on children are particularly traumatic and damaging, often leading to long-term physical and emotional consequences. By understanding the legal rights of child dog bite victims and seeking appropriate medical and legal assistance, parents can help their children recover and receive the compensation they deserve.