Dog Bite Attacks on Children: Legal Rights and Special Considerations

Dog bite attacks on children can be devastating, often leading to severe physical injuries, emotional trauma, and long-term psychological effects. Because children are smaller and more vulnerable, they are more likely to suffer serious harm from a dog attack. In California, dog bite laws provide strong protections for child victims, ensuring they receive proper medical care and financial compensation. This article explains the legal rights of children after a dog attack, how liability is determined, and special considerations that impact compensation.

California’s Strict Liability Law for Dog Bites

California follows a strict liability law for dog bites, meaning the dog owner is automatically responsible for injuries caused by their pet, regardless of the dog’s past behavior.

Key Aspects of California Civil Code § 3342

  • The dog owner is liable if their dog bites a child in a public place or when the child is lawfully on private property.
  • The child does not need to prove the dog was dangerous or that the owner was negligent.
  • Even if the dog had never bitten anyone before, the owner is still responsible.

This strict liability law ensures that child victims can receive compensation for their medical expenses, pain and suffering, and emotional trauma.

Why Children Are at Higher Risk for Dog Bite Attacks

1. Increased Vulnerability

  • Children are shorter, making their face, neck, and hands more accessible to an attacking dog.
  • Their small size and strength make it harder to defend themselves.

2. Unpredictable Movements

  • Dogs may see sudden movements, loud noises, or playful gestures as threatening.
  • A child may unknowingly invade a dog’s space, triggering a defensive reaction.

3. Lack of Awareness About Dog Behavior

  • Young children may try to hug, grab, or pull on a dog, increasing the risk of provocation.
  • They may fail to recognize warning signs such as growling, stiff body posture, or bared teeth.

Common Injuries in Child Dog Bite Cases

Dog bite injuries can be much more severe for children compared to adults. Some of the most common injuries include:

  • Deep facial wounds (eyes, lips, nose, cheeks) requiring plastic surgery
  • Scalp injuries and head trauma from large dog attacks
  • Puncture wounds and nerve damage
  • Broken bones and fractures from being knocked down
  • Infections and rabies exposure
  • Post-Traumatic Stress Disorder (PTSD) and phobias

Because children’s bodies are still developing, permanent scarring and disfigurement can have a lifelong impact on self-esteem and mental health.

Legal Rights of Child Dog Bite Victims

Children have strong legal protections under California law. If a dog attacks a child, the child’s parent or guardian has the right to:

  1. File a personal injury claim against the dog owner for damages.
  2. Seek medical expenses and future treatment costs for reconstructive surgery, therapy, or rehabilitation.
  3. Pursue compensation for emotional distress caused by the trauma of the attack.
  4. Demand punitive damages if the dog owner was reckless (e.g., failing to restrain a known dangerous dog).

Special Considerations in Child Dog Bite Cases

1. Higher Compensation for Child Victims

Because children experience greater physical and emotional harm, courts often award higher compensation for:

  • Future medical costs, including multiple surgeries for scar revision.
  • Pain and suffering, recognizing the emotional toll of disfigurement.
  • Psychological counseling and therapy for PTSD or fear of dogs.

2. Parental Responsibility and Supervision

Unlike adults, children cannot be held responsible for dog bite injuries unless:

  • They were illegally trespassing on private property.
  • They intentionally provoked the dog (which is rare in young children).

California law generally does not hold young children responsible for accidents involving animals.

3. Structured Settlements for Child Victims

Because children cannot legally make financial decisions, courts often require structured settlements in large dog bite cases.

  • The money is placed in a trust fund or structured payout system.
  • The child can access the full settlement amount when they turn 18.
  • This prevents misuse of funds and ensures the money is available for future medical needs.

Steps to Take After a Dog Bites a Child

If a dog attacks a child, taking immediate action is critical to protect their health and legal rights.

1. Seek Immediate Medical Care

  • Clean the wound thoroughly to prevent infection.
  • Visit an emergency room for stitches, X-rays, or rabies shots if necessary.
  • Request a medical report to document the severity of the injuries.

2. Identify the Dog and Owner

  • Get the owner’s name, address, and contact information.
  • Ask about the dog’s vaccination history (especially rabies shots).
  • Take photos of the dog, the location, and any visible injuries.

3. Report the Attack to Authorities

  • Contact Animal Control or local law enforcement.
  • This helps track dangerous dogs and prevent future attacks.
  • Request a copy of the official report for legal purposes.

4. Gather Evidence

  • Collect witness statements from anyone who saw the attack.
  • Keep medical records, prescriptions, and therapy bills.
  • Take progress photos of the healing process.

5. Contact a Dog Bite Attorney

  • A lawyer can negotiate with the insurance company and ensure fair compensation.
  • If the insurance company offers a low settlement, legal action may be necessary.
  • Many dog bite lawyers work on contingency, meaning no fees unless you win.

Compensation for Child Dog Bite Victims

Dog bite settlements for child victims typically include:

  1. Medical Expenses – Emergency care, surgeries, physical therapy
  2. Future Medical Costs – Plastic surgery, counseling, rehabilitation
  3. Pain and Suffering – Emotional distress, trauma, fear of dogs
  4. Lost Earning Capacity – If injuries cause a lifelong disability
  5. Punitive Damages – If the owner was reckless in handling the dog

High-Profile Child Dog Bite Settlements in California

  • $1.1 million – Child suffered permanent facial scarring from a pit bull attack.
  • $850,000 – Toddler bitten on the neck and arms, requiring multiple surgeries.
  • $675,000 – Child knocked down and mauled by a neighbor’s aggressive dog.

These cases show that courts recognize the lifelong impact of dog attacks on children and award substantial compensation accordingly.

Conclusion

Dog bite attacks on children are particularly traumatic and damaging, often leading to long-term physical and emotional consequences. California law protects child victims under strict liability rules, ensuring that dog owners are fully responsible for damages. If your child has been bitten, it is essential to seek medical care, document the attack, report the bite, and consult a San Diego dog bite injury attorney to maximize compensation. A dog bite attorney can help navigate insurance claims, legal proceedings, and structured settlements to secure the financial support your child needs for a full recovery.

References

  • California Civil Code § 3342. (2023). Strict liability in dog bite cases. Retrieved from https://leginfo.legislature.ca.gov
  • Centers for Disease Control and Prevention. (2023). Dog bite injuries and infection risks. Retrieved from https://www.cdc.gov
  • San Diego County Animal Services. (2023). Dog bite reporting and prevention. Retrieved from https://www.sddac.com
  • California Department of Public Health. (2023). Rabies control and dog bite laws. Retrieved from https://www.cdph.ca.gov
  • American Academy of Pediatrics. (2023). Dog bites and children: Medical and psychological impacts. Retrieved from https://www.aap.org