What Happens if a Dog Bites a Child in California?

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Fifty percent of dog bite victims are children. There are strict rules that govern dog owners, especially in public places. Our experienced San Bernardino dog bite attorneys at LA Century Law explain what happens if a dog bites a child in California.

What happens after a dog bites a child in California?

When a dog bites a child in California, the following steps come into play:

  • Responsible adults should seek emergency medical attention.
  • The bite must be reported to the authorities.
  • The child may receive financial compensation.
  • Many claims are settled through homeowners and personal liability insurance. Some claims go to court.
  • Parents must act on behalf of their children. A child cannot bring a claim without the assistance of a parent or guardian.
  • A lawyer can represent the child in dog bite proceedings.

Reporting the biteโ€ 

See How to Report a Dog Bite in Los Angeles County (17 Cal. Code Regs. ยง 2606).

Starting the legal claim

To begin your claim for compensation, contact LA Century Law. We make the signup process easy so our lawyers can begin working on your childโ€™s case right away.

Can a child receive compensation for a dog bite in California?

Yes. A child is eligible to receive compensation for a dog bite in California. The legal standards of strict liability and negligence apply. A child may be compensated for economic loss, pain and suffering, and future damages. The child asserts the claim, but they must do so through a parent or guardian.

Understanding Child Dog Bite Claims in California

While child dog bite claims are the same as adult claims in some ways, there are some key differences.

Child dog bites can be especially serious. Because of the childโ€™s smaller size, the bite can be particularly damaging. To the extent that a dog bite causes permanent injury or scars, a child may have effects from their injury for the rest of their life.

A child can receive compensation for these damages. In fact, because of the special factors that make dog bites so devastating for minor children, the amount claimed can be significant.

Californiaโ€™s Strict Liability Laws for Dog Bites

California has strict liability laws for dog bites. Dog owners are liable if a dog bites a childโ€”even if the dog was never vicious before or the owner didnโ€™t know that the dog was vicious.

Cal. Civil Code ยง 3342 is the California strict liability law for dog bites and applies when the victim is a child.

In addition, many dog bite claims involving children assert negligence as a basis for liability.

Negligence is not taking sufficient care in a set of circumstances.

Defenses of assumption of the risk and comparative negligence may be asserted when the claim involves a minor. See Johnson v. McMahan, 68 Cal.App.4th 173 (1998); McDaniel v. Witschi, No. F053783 (Cal. Ct. App. 2008) (where a minor received a favorable verdict for a dog bite, resulting in 20 stitches, but the award was reduced because the father failed to supervise the child).

Public and private places

Many child dog bites happen in private places. The child may be at a friendโ€™s house or visiting a relative. If the dog bite occurs in a public place, or while the child is lawfully in a private place, it can be the basis of a claim. These are the most likely places where child dog bites occur.

When claims involve private parties, they are often settled through homeowners and personal liability insurance. It may be easier to get compensation for your child than you think. The court is not always required.

Further, most local municipalities contain โ€œleash lawsโ€ that require a dog to be leashed or restrained any time they are in a public place. If the dog bite or attack is in a public place and the dog is unleashed or unrestrained, the dog owner is liable.

Common Injuries Sustained by Children in Dog Bite Cases

  • Scars
  • Disfigurement
  • Loss of limb
  • Paralysis
  • Nerve damage
  • Broken bones
  • Deep cuts and bruises
  • Secondary infection
  • Injury to genitalia
  • Wrongful death

A childโ€™s head, neck, arms, and hands are the most vulnerable to dog bite injury.

Steps Parents Should Take Immediately After a Dog Bite

  • Ensure the childโ€™s safety. Make sure that the child is not still in danger, either from the dog or other sources.
  • Assess the situation. A childโ€™s injuries may be more serious than they first appear.If the child may be seriously injured, call emergency responders. Follow dispatcher instructions until help arrives.
  • Provide first aid. Apply direct pressure on a bleeding wound. Otherwise, run the wound underwater for several minutes. Apply antibiotic ointment. Wrap the wound in a bandage.
  • Get medical attention. If the bite is moderate or severe, seek immediate treatment. Go to the emergency room or urgent care.
  • Begin documentation. Keep records of things related to the accident, such as records of medical appointments and bills.
  • Contact an attorney. A lawyer can begin preserving evidence right away.

Who Can Be Held Liable for a Dog Bite in California?

The owner of a dog or other party who had control of the dog may be liable for a dog bite in California. A commercial property owner, homeownersโ€™ association, or daycare center may be liable. A police agency may be responsible for a canine unit bite, but there are special rules that apply. It is also worth noting that this claim is generally made against the dog ownerโ€™s homeownerโ€™s insurance as opposed to the dog owner individually.

Compensation Available for Children Injured by Dog Bites

Compensation available for a child injured by a dog bite may include the following:

  • Emergency medical bills
  • Ongoing medical care
  • Plastic surgery to treat scars and disfigurement
  • Future healthcare expenses
  • Pain and suffering
  • Emotional anguish
  • Mental health treatment
  • Rehabilitation
  • Lost earning capacity
  • Scars and disfigurement
  • Property damage

In addition, if a parent misses work or incurs other financial loss due to the childโ€™s dog bite, compensation may be claimed for the loss.

Psychological Impact of Dog Bites on Children

A dog bite can be both physically and psychologically harmful to a child. It is a sudden distressing event and can be physically painful. A child may develop anxiety and fear and may have post-traumatic stress, including nightmares.

These mental health injuries are very real injuries that can develop from a dog bite. Our lawyers can help you work with mental health professionals to seek compensation for your child.

Contact an Experienced San Bernardino Dog Bite Lawyer

Has your child been bitten by a dog? You need to know what happens next. We invite you to contact an experienced San Bernardino dog bite lawyer at LA Century Law. We represent adults and children in the San Bernardino area and throughout California.

Call or message us now.

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