My Child Was Bitten by a Dog. What Rights Does My Child Have?

Many of us have been snapped at or even bitten by a dog at some point in our lives. Even a minor nip can be painful and traumatic. But when an attack involves a large, powerful dog and the victim is a small child, the aftermath is tragic and life-changing. Young victims of dog attacks can suffer nerve damage, permanent disfigurement, psychological trauma, and in some cases, these attacks are fatal.

According to dogsbite.org, about 4.5 million dog bites occur each year in the United States and, in 2015, more than 28,000 people underwent reconstructive surgery as a result of being bitten by a dog. Owning a dog is a huge responsibility and it should be taken seriously. When a dog owner fails to do so and a child is injured, it’s important the right people are held accountable for their carelessness.

California’s dog bite law

Most states recognize that when a person chooses to own a dog (or other potentially dangerous animal), that person also needs to take responsibility for any harm that animal might cause. These states have dog bite laws (California’s can be found here) that put the burden of responsibility on the dog owners.

In a nutshell, the owner of any dog is liable for the damages suffered by a person or child 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. This is regardless of any former viciousness of the dog or the owner’s knowledge of such viciousness.

California’s dog bite law states that dog owners are liable if their dog bites a person on public property, but that liability is reduced if a person was bitten by police or military dogs that were either doing law enforcement work or defending themselves against harassing or provocative behavior. The same usually remains true if the attack occurs on private property, so long as the victim was lawfully present or invited there. This also includes people not specifically invited by the owner but who are present to fulfill some legal duty. Some examples would be postal workers, police officers, or other government agents. While dog owners can protect themselves from liability by prominently posting warning signs, this doesn’t absolve them from absolute liability.

Ultimately, dog bite law is generally favorable to victims of animal attacks. However, this doesn’t mean that it will be easy for a victim of a dog bite attack to get fair compensation, even when it is a child. The extent and ultimate value of the victim’s damages are the main issue in every case, and insurers will typically try everything to minimize the victim’s losses and injuries.

Further, as favorable as the law is to victims, it still has room for dog owners to reduce their liability by claiming that the child’s own actions contributed to the act. Insurance companies or the owners themselves may claim that the victim provoked the animal or put themselves in harm’s way.

A child never deserves to be hurt, especially by an animal attack. These types of injuries can leave lasting scars and trauma. If your child was bitten by a dog due to someone else’s negligence, the personal injury attorneys at Taylor & Ring can help. We provide aggressive representation to clients in the Los Angeles area. Call us today at 310.776.6390 or complete our contact form to schedule a consultation.