In a neighbor’s yard, a child reaches out to pet a dog. During a backyard party, a family’s beloved pet suddenly becomes aggressive. A dog that isn’t on a leash runs at a kid walking home from school. These things only last a few seconds, but the scars they leave on your body and mind can last a lifetime.
Kids are more likely than adults to get hurt by dogs. Studies show that kids ages 5 to 9 are the most likely to get hurt by dog bites, and the injuries are often worse than those that happen to adults. Because children are smaller, bites often hit the face, head, and neck, which can leave permanent scars and require several surgeries to fix.
Studies show that about 40% of kids who are bitten by dogs develop post-traumatic stress disorder after the attack, in addition to the visible wounds.
If your child has been bitten by a dog in Orange County, the first step in getting the care and money your family needs is to figure out who is legally responsible.
The Dog’s Owner Bears Primary Responsibility
California Civil Code Section 3342 sets up what is called “strict liability” for people who own dogs. This law says that the owner of any dog is responsible for any injuries that happen to someone who is bitten while in a public place or legally on private property, no matter how aggressive the dog was before or whether the owner knew about it.
This language is very important to the families of child victims. You don’t have to show that the dog was known to be dangerous. You don’t have to show that the owner was careless or didn’t care. You don’t have to show that the dog had bitten someone before. If the owner’s dog bit your child and your child had the right to be there, the owner is responsible.
In cases of child bites, the “lawfully present” requirement is not often an issue. Kids are legally present when they are playing in a public park, walking on a sidewalk, going to a friend’s house, going to a birthday party, or anywhere else they have been invited or allowed to be.
In many cases, a child who wanders onto a neighbor’s property without a fence may be seen as an implied licensee. This is especially true in residential areas where children often move between yards.
California Protects Young Children from Blame
Dog owners and their insurance companies often try to say that the victim is partly to blame for the attack. They might say that the child scared the dog by pulling its tail, getting too close while it was eating, or doing something else that made it angry. This defense of comparative negligence can lower the amount of money that an adult victim can get back.
But California law gives extra protection to young kids. In the past, courts have always said that children under the age of five cannot be found negligent by law. This rule says that very young children can’t be held responsible for not being careful around a dog because they don’t understand that their actions could hurt them.
The important case of Christian v. Goodwin said that when a child is under five years old, the defense can’t use provocation, comparative negligence, or assumption of risk. The owner of the dog can’t say that the toddler “should have known better” than to get too close to the dog or reach for its food bowl. These defenses are not applicable to children of such a young age.
For kids ages five to eighteen, courts use a different standard that takes into account what a reasonable child of the same age, intelligence, and experience would have done in the same situation. This standard is much more lenient than the reasonable adult standard because it understands that kids naturally interact with animals differently than adults and can’t be expected to see danger signs that adults would see.
When Others May Share Liability
California’s strict liability law says that the dog’s owner is mostly responsible, but other people may also be responsible depending on the details of the attack.
If a landlord knew the tenant’s dog was dangerous and could have removed it from the property, they could be held responsible if the dog bit a child. California courts have ruled that landlords are not automatically responsible for tenant dogs.
However, if a landlord gets complaints about a dog that is aggressive and does nothing, they may be held responsible for any harm that happens as a result. The landlord must have known that the dog was dangerous and been able to stop the attack by making the dog leave.
If property owners or business owners let dogs on their property where kids are, they could be held responsible. If a dog hurts a child on the property of a day care center that lets dogs play with kids, a store that lets customers bring pets inside, or a restaurant with a dog-friendly patio, the business could be sued for negligence. Some places don’t allow dogs at all in child care facilities because they know it’s not fair to expect young kids to stay away from animals.
If dog sitters, dog walkers, or boarding facilities knew or should have known that a dog was dangerous and didn’t take the right steps to protect themselves, they could be held liable for negligence. Keepers are not strictly liable like owners are; the victim must show that the keeper knew the dog was likely to bite.
According to California Civil Code Section 1714.1, parents of a minor who owns the dog may be responsible for their child’s deliberate wrongdoing. Teenagers’ parents may be held jointly and severally liable up to the limits set by law if their dog bites another child.
Physical Injuries Unique to Child Victims
Children are affected by dog bites in a different way than adults. Because a child’s body is smaller, any size dog can do more damage to them. Their skin is thinner, which makes them more likely to get deep tissue injuries. Their bones are still growing, so they are more likely to break.
The places where injuries happen are also very different. Dogs often bite kids on the head, face, and neck because they are shorter and are often at face level with the dogs. These attacks can leave cuts on the forehead and scalp, puncture wounds near the eyes, torn ears, damage to the nose and lips, and injuries to the nerves that control facial expression.
Children’s faces are still growing, which makes facial injuries especially hard to deal with. As a child grows, scars that might fade on an adult can become more noticeable. As the child grows, damage to the bone or cartilage underneath can change the way their face looks. Damage to the nerves can cause facial muscles to be weak or paralyzed for good.
Reconstructive surgery is often necessary, occasionally in several stages over many years as the child matures. Teenagers may need revision surgeries to fix scars that have stretched or changed shape as their faces have grown.
Another big worry is the risk of infection. Dog bites can put harmful bacteria deep into tissue, and kids may not be able to explain how they feel when an infection is starting to happen. So, it’s very important for a child who has been bitten to get medical help right away.
Psychological Harm Can Outlast Physical Wounds
The psychological effects of a dog attack on a child frequently surpass the physical injuries. A 2024 review published in BMJ Paediatric Open found that post-traumatic stress disorder (PTSD) is the most common psychological consequence of dog bites in children, with symptoms including traumatic flashbacks, recurrent nightmares, generalized anxiety, and hypervigilance.
Following a dog attack, children may show a variety of ways of dealing with trauma. One of the most common symptoms is trouble sleeping and having bad dreams. In a society where dogs are common in parks, neighborhoods, schools, and the homes of friends and family, being afraid of them and avoiding them can have a big impact on everyday life. Some kids go back to bed-wetting after being potty trained, which is a sign that they are not growing up as quickly as they should be. Some people become socially withdrawn, aggressive, or anxious about going outside to play.
A case study recorded a four-year-old girl who exhibited selective mutism, ceasing verbal communication outside the home, subsequent to a canine bite. The condition continued until she underwent specialized psychological treatment.
For kids who have visible scars, the mental stress can get worse over time. Kids with scars may be teased and bullied. As teens become more aware of how they look, anxiety about being disfigured can hurt their self-esteem, social life, and even job prospects.
Studies have shown that having PTSD as a child can have long-lasting effects on the brain. Researchers at Stanford University found that kids with PTSD had less activity in the hippocampus, which is the part of the brain that controls memory. They also did worse on memory tests than kids who didn’t have PTSD.
Damages Available for Child Dog Bite Victims
California law allows child dog bite victims to recover both economic and non-economic damages for the harm they have suffered.
Economic damages include all quantifiable financial losses: emergency room visits and hospitalization costs, surgical expenses including reconstructive procedures, physical therapy and rehabilitation, medications and wound care supplies, mental health treatment including therapy for PTSD and anxiety, and any future medical care the child will need as they grow.
Non-economic damages compensate for harm that cannot be easily reduced to a dollar figure: physical pain and suffering during the attack and throughout a lengthy recovery, emotional distress and trauma, permanent scarring and disfigurement, loss of enjoyment of childhood activities, and the lasting impact on the child’s quality of life.
In cases involving egregious conduct, such as when an owner knew a dog was dangerous and recklessly allowed it access to children, punitive damages may be available to punish the wrongdoer and deter similar conduct.
Most dog bite claims are covered by the owner’s homeowners or renters insurance policy. These policies typically include liability coverage ranging from $100,000 to $300,000 or more. However, some policies exclude certain breeds, and some dog owners carry no insurance at all. Identifying all available sources of recovery is an important early step in any child dog bite case.
Special Procedures for Child Injury Settlements
In California, any settlement that involves a child under 18 must be approved by a court. This rule is in place to keep kids from getting settlements that are good for adults but not good for the injured child.
According to California Probate Code Sections 3500 and 3600 and Code of Civil Procedure Section 372, a parent or guardian ad litem must file a petition with the court asking for permission to settle the child’s claim. The petition needs to include a lot of information about the injuries, the amount of the settlement that is being proposed, how the money will be divided up, and where the settlement money will be kept.
There are certain steps that Orange County Superior Court follows for minor’s compromise hearings. The court looks at whether the settlement amount is fair given the child’s injuries, whether the attorney’s fees are fair, whether the medical liens have been handled correctly, and whether the proposed use of the money is in the child’s best interests.
Most of the time, money from settlements for minors is put into a blocked bank account that the child can’t get to until they turn eighteen. For bigger settlements, structured annuities or special needs trusts might be good ways to keep helping the child while making sure they can still get any public benefits they need.
California law makes it easier to settle cases under $5,000. This may not even require a formal court hearing, which means that custodial parents can directly manage smaller settlement funds for their kids.
Extended Time to File Claims
According to California’s Code of Civil Procedure Section 335.1, the statute of limitations for personal injury claims, such as dog bite cases, is two years from the date of the injury. But the law does a lot to protect minor victims.
Section 352 of the Code of Civil Procedure says that the statute of limitations is paused for minors. The clock doesn’t start ticking until the child turns 18. This means that a child who is bitten can sue until they turn 20.
This longer timeline is in place because minors can’t file legal claims in their own names and may not be able to decide what their legal rights are. Parents can file a claim for their child at any time before the time limit runs out. However, the child still has the right to file their own claim when they reach adulthood if nothing was done when they were a child.
The law gives families more time, but they shouldn’t put things off for no reason. It’s easier to get evidence when memories are still fresh. It is easier to find witnesses. It’s easier to get medical records. The best cases are made when the police look into the attack right away.
Steps to Protect Your Child After a Dog Bite
If a dog bit your child in OC, do these things to protect their health and their legal rights.
Get medical help right away. Dog bites are very likely to cause infections, and kids may not be able to tell you what symptoms are getting worse. Treatment in the emergency room makes sure that the wounds are properly cared for, that the right antibiotics are given if needed, and that the injuries are recorded, which will be important for any legal claim.
Tell Orange County Animal Care about the bite. In California, you have to report dog bites, and the report starts a 10-day quarantine to make sure the dog isn’t rabid. The report also makes an official record of what happened.
Find out who the dog and its owner are. If you can, get the owner’s name, address, phone number, and insurance information. Check to see if the dog has had its rabies shots recently. Get the contact information of any witnesses who saw the attack.
Write down everything. Take pictures of your child’s injuries right away and as they heal, including any scars that form. Keep track of all the medical care, therapy sessions, medications, and school or activity time that was missed because of injuries.
Look for signs of mental illness. Kids may not be able to say how they feel, but changes in their sleep, behavior, appetite, school performance, or willingness to play outside can be signs of emotional trauma that needs professional help.
Don’t talk to the dog owner’s insurance company without first getting legal advice. Insurance adjusters try to pay out as little as possible, and saying things without knowing what they mean can hurt your child’s claim.
The Injury Firm Is Here to Help
The whole family feels the effects of a dog attacking a child. Parents have to make tough choices about their child’s medical care, worry about long-term scars, and try to help their child get over the scary event. The last thing any parent should have to do alone is deal with the legal process of holding those who are responsible accountable.
The Injury Firm helps families of children who have been bitten by dogs in Orange County, Los Angeles, San Diego, and Riverside. We know that when kids get hurt, there are special medical, psychological, and legal issues that come up. We work to make sure your child gets full compensation for their injuries so they can get the care they need to heal.
Call (949) 575-8875 for a free consultation. You pay nothing unless we recover compensation for your child.
Your child deserves justice. Let someone fight for it on their behalf.
DISCLAIMER:
This information is for educational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized legal guidance about your personal injury case, contact The Injury Firm for a free consultation.
