Injured Child? Special Considerations for Dog Bite Settlements Involving Minors

Dog bites are a serious public health concern, especially when children are involved. According to the American Veterinary Medical Association, children between 5 and 9 years old are the most likely to be bitten by a dog. The Humane Society estimates that children make up 51% of dog bite victims. These incidents can lead to severe physical injuries, emotional trauma, and significant financial burdens. When a child is the victim, navigating the legal landscape of dog bite settlements requires special attention and care. This article explores the unique considerations that arise when seeking compensation for a minor injured by a dog bite.

Why Children Are at Greater Risk

Children are more vulnerable to dog attacks due to several factors:

Size and Stature: Children are smaller and closer to a dog’s mouth, making them more likely to sustain bites to the head, face, and neck. Studies show that the head and neck are the most common bite locations in children.
Lack of Understanding: Children may not recognize or understand canine behavior, leading them to unintentionally provoke a dog.
Impulsivity: Children are naturally curious and may approach unfamiliar dogs without caution.

Legal Framework for Dog Bite Cases Involving Children

Dog bite laws vary by state, but most fall into two main categories: strict liability and the one-bite rule.

Strict Liability: In states with strict liability laws, dog owners are automatically responsible for injuries caused by their dogs, regardless of prior behavior or knowledge of aggression. Approximately 36 states have strict liability laws for dog bites.
One-Bite Rule: In states with the one-bite rule, owners are only liable if they knew or should have known that their dog had a tendency to bite. Even in one-bite rule states, owners can be held responsible if they were negligent in controlling their dog.

In addition to these rules, some states also consider negligence, meaning an owner may be liable if they failed to take reasonable steps to prevent harm.

Special Considerations in Dog Bite Settlements Involving Minors

Several unique factors come into play when a child is injured in a dog bite incident:

Statute of Limitations: The statute of limitations is the time limit within which a lawsuit must be filed. For adults, this period typically begins on the date of the injury. However, for minors, the statute of limitations is often tolled (paused) until they reach the age of majority (18 years old). This means that the child has until their 20th birthday to file a lawsuit.
Filing on Behalf of a Minor: A parent or legal guardian must file the personal injury claim on behalf of the child.
Court Approval: Settlements involving minors must be approved by the court to ensure the child’s best interests are protected. This process often involves a “friendly suit” or a petition for approval of a minor’s settlement.
Long-Term Medical Needs: Injuries to children often require more extensive medical care, including plastic surgery, therapy, and follow-up treatments as the child grows. Scars may stretch or worsen over time, and early intervention may be needed to minimize physical and psychological damage.
Emotional Trauma: Children who are bitten by dogs frequently experience anxiety, nightmares, and even post-traumatic stress disorder (PTSD). In some cases, they develop a lifelong fear of animals. Emotional distress is a valid component of a personal injury claim and should be documented and addressed.
Guardian ad Litem: In some cases, the court may appoint a Guardian ad Litem (GAL) to represent the child’s best interests. A GAL is an independent party who investigates the case and makes recommendations to the court regarding the settlement.

Types of Compensation Available

Children who are injured by dog bites may be entitled to various types of compensation, including:

Medical Expenses: This includes past and future medical bills, such as emergency care, surgery, physical therapy, and counseling.
Pain and Suffering: This compensates the child for the physical pain and emotional distress caused by the injury.
Lost Wages: While a child cannot claim lost wages directly, compensation may be available for the impact the injury has on their future earning capacity.
Scarring and Disfigurement: This covers the cost of scar revision surgery and compensates the child for the permanent disfigurement.
Emotional Distress: This compensates the child for the psychological trauma caused by the dog bite.

Managing the Settlement Funds

When a settlement is reached in a dog bite case involving a minor, the funds must be managed carefully to ensure they are used for the child’s benefit. Common options for managing the funds include:

Blocked Account: The funds are placed in a bank account that cannot be accessed until the child reaches the age of majority.
Structured Settlement: The funds are used to purchase an annuity that provides periodic payments to the child over time. This can be a tax-efficient way to manage a large settlement.
Conservatorship: The court appoints a conservator to manage the funds on behalf of the child. This option may be necessary if the child has significant medical needs or if the settlement is very large.

The Role of Homeowner’s Insurance

Many dog bite claims are paid under the dog owner’s homeowner’s or renter’s insurance policy. However, coverage limits and exclusions vary. Some policies exclude certain breeds or impose caps on payouts. Understanding insurance coverage is crucial for both victims and dog owners.

Steps to Take After a Dog Bite Incident Involving a Child

If your child has been bitten by a dog, it is essential to take the following steps:

Seek Medical Attention: Ensure your child receives prompt medical care, even if the injuries appear minor. Dog bites can cause infections and other complications.
Report the Incident: Report the bite to local animal control and/or law enforcement.
Gather Information: Collect information about the dog owner, including their name, address, phone number, and insurance information.
Document the Injuries: Take photographs of the injuries and keep records of all medical treatment.
Contact a Dog Bite Attorney: Consult with an experienced dog bite attorney who can advise you on your legal rights and options.

The Importance of Legal Representation

Navigating the legal complexities of a dog bite case involving a minor can be challenging. An experienced dog bite attorney can help you:

Investigate the Incident: Gather evidence to support your claim, including witness statements and animal control reports.
Negotiate with the Insurance Company: Negotiate a fair settlement with the dog owner’s insurance company.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit to protect your child’s rights.
Obtain Court Approval: Ensure that the settlement is approved by the court and that the funds are managed in the child’s best interests.

Conclusion

Dog bite incidents involving children require special consideration due to the unique vulnerabilities and long-term needs of young victims. Understanding the legal framework, the types of compensation available, and the importance of proper fund management is crucial for securing a fair settlement that protects the child’s future. If your child has been injured by a dog bite, seeking legal representation from an experienced attorney is essential to navigate the complexities of the legal process and ensure that your child receives the compensation they deserve.