When a Dog Bites Your Child: 5 Key Legal Facts Every Parent Should Be Aware Of

When a Dog Bites Your Child: 5 Key Legal Facts Every Parent Should Be Aware Of

• Jan 27, 2025
• Admin

Dog bites involving children are a serious concern. According to the Centers for Disease Control and Prevention (CDC), nearly 800,000 people require medical attention annually due to dog bites, with children being a significant portion of those injured. Kids, being smaller and less aware of the risks of dog behavior, often suffer more severe injuries. If your child is bitten by a dog, understanding your legal rights is crucial. Here are five essential legal facts parents should be aware of when navigating a dog bite case.

1. Dog Owners Can Be Held Liable for Dog Bites

In many states, dog owners are held liable for any injuries caused by their dog, including bites. This is known as “strict liability.” In a strict liability case, the dog owner is responsible for their pet’s actions, regardless of whether the dog has shown signs of aggression or not in the past. Even if the dog has never bitten anyone before, the owner may still be held accountable for your child’s injuries.

However, there are exceptions to this rule. For example, if the child provoked the dog in some way—such as by teasing or hitting the animal—the owner may argue that the child contributed to the attack. Understanding how strict liability applies to your situation can be complex. Consulting a personal injury lawyer in Post Falls can help clarify whether the dog owner is legally responsible for the bite.

2. Defenses That Dog Owners May Use

Although dog owners are generally responsible, there are legal defenses they might use to reduce or avoid liability. For example, the dog owner may claim that the child provoked the dog or was trespassing on the owner’s property at the time of the bite. In these cases, the dog owner might argue that the child’s actions caused the bite, rather than the dog’s behavior.

A defense often used is contributory negligence, where the dog owner argues that the child’s actions led to the attack. If proven, this can reduce or eliminate the owner’s liability. An attorney can help assess whether these defenses apply and advise you on how to proceed with your claim.

3. Compensation for Medical Expenses and More

One of the main reasons to pursue a dog bite claim is to recover compensation for medical expenses. Dog bites can cause severe injuries, ranging from minor cuts to deep puncture wounds, broken bones, or infections. In some cases, the injury may require surgery or extensive rehabilitation. Beyond immediate medical care, your child may need future treatment, such as physical therapy or psychological counseling.

As a parent, you have the right to seek compensation for these medical expenses, including hospital bills, surgeries, and any future care your child might need. Compensation can also cover pain and suffering, emotional distress, and the long-term impact on your child’s life.

4. Statutes of Limitations Impact Your Claim

Every state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit. In most cases, the statute of limitations for dog bite claims is typically one to three years. Failing to file a claim within this time frame may result in the loss of your right to seek compensation.

This is why it’s critical to act quickly after a dog bite incident. The sooner you contact an attorney, the better your chances of gathering all the necessary evidence and presenting a strong case. Waiting too long could result in missing critical evidence or allowing the dog owner’s defense to weaken your claim.

5. Non-Physical Damages: Emotional and Psychological Impact

In addition to physical injuries, dog bites can have a lasting emotional and psychological impact on children. Kids who are bitten by a dog may develop a fear of dogs, suffer from nightmares, or even experience post-traumatic stress disorder (PTSD). These emotional scars may last for years and often require professional therapy.

It’s important to understand that psychological damages can be included in a dog bite claim. Just as physical pain and suffering are considered, emotional distress is also a valid part of the compensation process. Expert testimony from a mental health professional may be needed to establish the extent of the emotional trauma. An experienced probate law Post Falls will help ensure these emotional damages are included in the claim, ensuring your child is fully compensated for all aspects of the injury.

In Summary

Dog bites involving children are a serious matter. Parents need to understand the legal aspects of such incidents to ensure they can seek appropriate compensation for their child’s injuries. Whether it’s medical bills, emotional trauma, or long-term care, understanding your legal rights is crucial to protecting your child’s future.

If your child has been bitten by a dog, it’s essential to act quickly and consult an experienced attorney. The Bendell Law Firm, led by Attorney James Bendell, specializes in personal injury law and is equipped to help you navigate the legal process. With a strong understanding of dog bite laws and a focus on obtaining fair compensation, Attorney Bendell will ensure your child’s case is handled with the care and expertise it deserves. Contact The Bendell Law Firm today to schedule a consultation and get the support you need to pursue justice for your child.