California Dog Bites: Special Considerations for Child Victims

Dog bites are a serious public health concern, especially when children are involved. According to the Centers for Disease Control (CDC) and the Humane Society of the United States (HSUS), approximately 4.7 million dog bites occur every year in the U.S. and children are more likely to need medical attention and are far more likely to be severely injured. In California, where dog bite claims are the highest in the nation, understanding the specific legal and emotional considerations for child victims is crucial.

Why Children Are at Higher Risk

Children are disproportionately affected by dog bites due to several factors:

Size and Vulnerability: Children are smaller and less able to defend themselves against a dog attack. Injuries are often more severe due to their fragile bodies.
Interaction Style: Children may approach dogs without understanding canine behavior, leading to accidental provocation. Actions like trying to pet a dog can be misinterpreted as a threat.
Bite Location: Children are more likely to be bitten on the head, neck, or face, resulting in more serious and potentially disfiguring injuries. Victims under the age of 4 are much more likely to be bitten on the head, neck or face than any other group.

California’s Strict Liability Law

California has a “strict liability” dog bite law, outlined in California Civil Code Section 3342, which offers significant protection for victims. This law states that a dog owner is liable for damages if their dog bites someone in a public place or lawfully on private property, regardless of the dog’s past behavior or the owner’s knowledge of any viciousness. This means that if a child is bitten, the owner is responsible even if the dog has never shown aggression before.

Key aspects of the strict liability law:

No Prior Knowledge Required: The owner is liable even if they had no reason to believe their dog was dangerous.
Location Matters: The law applies if the bite occurs in a public place or if the child was lawfully on private property (e.g., as a guest). If your child had permission to be where they were when the bite occurred, the dog’s owner can be held liable—even if the attack happened inside someone’s home.
Burden of Proof: The injured party only needs to prove that the dog bit them and that they were legally allowed to be where the bite happened.

Special Legal Considerations for Child Victims

When a child is the victim of a dog bite, there are several special legal considerations:

Statute of Limitations: The statute of limitations for filing a dog bite claim is two years from the date of the incident. However, for child victims, the clock doesn’t start ticking until their 18th birthday, giving them until their 20th birthday to file a claim. Parents or guardians can also file a claim on behalf of the child before they turn 18.
Innocent Child Rule: Under California’s comparative negligence laws, a victim who was partially at fault in causing their dog bite would have the amount of compensation they receive reduced by their percentage of fault. A different rule applies to children under 5-years-old. Due to their age, they’re considered “faultless” if bitten or attacked by a dog. The comparative negligence laws that could limit the amount of damages they receive won’t apply.
Court Approval of Settlements: If a settlement is reached before the child turns 18, it must be approved by the court to ensure it is in the child’s best interest. This is required whether you resolve the claim with or without litigation.

Types of Recoverable Damages

In a California dog bite case involving a child, the following damages may be recoverable:

Medical Expenses: This includes past and future costs of medical treatment, such as emergency room visits, surgeries, reconstructive procedures, physical therapy, and medications.
Emotional Distress: Dog bites can cause significant psychological trauma, leading to anxiety, fear, PTSD, and other emotional issues. Compensation can cover the costs of therapy and counseling.
Pain and Suffering: This compensates the child for the physical pain and emotional suffering they have endured.
Disfigurement and Scarring: If the dog bite results in permanent scarring or disfigurement, compensation can be awarded to cover the costs of cosmetic surgery and to account for the emotional impact of the disfigurement.
Lost Future Earnings: In cases of severe injury, a child’s future earning potential may be affected. Compensation can be sought to cover this loss.

The Emotional and Psychological Impact

Dog bites can leave lasting emotional scars, especially in children. The psychological aftermath of a dog attack can be debilitating, often overshadowing the physical injuries. Victims may experience:

PTSD: Flashbacks, nightmares, and a heightened fear of dogs or specific locations can interfere with daily life.
Anxiety and Depression: The trauma of the attack can lead to persistent anxiety and feelings of depression.
Phobias: A phobia of dogs or outdoor environments can limit independence and mobility.
Behavioral Changes: Younger victims may become excessively clingy and withdrawn or experience difficulties sleeping.

Addressing these challenges is crucial to supporting a child’s emotional well-being. Therapy, counseling, and play therapy can be effective in helping children process the trauma and develop coping mechanisms.

Steps to Take After a Dog Bite

If your child is bitten by a dog, it’s important to take the following steps:

Seek Immediate Medical Attention: Even minor-looking wounds can lead to infections. Take your child to a doctor or emergency room for evaluation and treatment.
Report the Bite: Notify local animal control or law enforcement to create an official record of the incident.
Identify the Dog and Owner: Gather information about the dog’s breed, vaccination status, and the owner’s contact information.
Document Everything: Take photos of the injury, the location where the bite occurred, and the dog if possible. Write down exactly what happened while it is fresh in your memory.
Contact an Attorney: Consult with an experienced California dog bite attorney to understand your child’s legal rights and options.

Prevention Tips

Preventing dog bites is essential, especially for children. Here are some tips to teach children about dog safety:

Never approach an unfamiliar dog.
Always ask permission from the owner before petting a dog.
Avoid direct eye contact with a dog.
Stay calm and quiet around dogs.
If a dog approaches you aggressively, stand still and avoid running or screaming.
If a dog knocks you down, curl into a ball and protect your face and neck.

Conclusion

Dog bites can have devastating consequences for children, both physically and emotionally. California law provides strong protections for child victims, but navigating the legal process can be complex. Understanding the specific considerations for child victims, including the strict liability law, extended statute of limitations, and the potential for emotional distress damages, is crucial for protecting their rights and ensuring they receive the compensation they deserve. If your child has been bitten by a dog in California, seeking legal guidance from an experienced attorney is essential to navigate the legal process and secure the best possible outcome for your child’s future.