Dog bites can be a painful experience for adults and children alike. Modesto is home to various dog parks including Elk Park, Lathrop Dog Park, and Caswell Memorial State Park where many owners take their dogs for recreational fun and exercise. In any area where dogs are present, children could be at risk for dog bites that lead to extensive pain and a long recovery.
At Maison Law, we work to protect the rights of those who have fallen victim to dog bites in Modesto and many other areas of California. We understand how overwhelming it can be to find out that your child has sustained injuries due to a dog bite that may have resulted from an owner’s negligence. Please contact us today for a no-obligation case review that comes at no cost to you and your family.
Understanding Strict Liability in Dog Bite Accidents Involving Children
In California, strict liability concepts apply to dog bite injury cases. This means that a dog owner is strictly liable for any damage that results from their dog, including bites to children and adults. If your child has been injured in a dog bite attack, you may assume automatically that the owner has to cover all of your child’s injuries and damages.
It is important to remember that strict liability laws do not apply in cases where a victim provokes a dog into an attack, which sometimes happens in incidents involving children. However, children are not held to the same standard as adults. This means that the law understands that children do not always see a dog as a danger, which means that they might accidentally provoke a dog into a bite or attack. In these cases, you may be able to hold a dog owner liable for the damages that your child sustained.
Special Circumstances in Dog Bite Cases Involving Children
In dog bite cases involving children, it is important to note that the law is different from cases involving adults. The first thing to remember is that a child under 18 years of age is not legally able to bring their own personal injury claim in California. This means that, if a child is under 18, a personal injury claim must be brought by a parent or guardian of a child on their behalf so that the child can recover damages.
Another aspect to remember is that the statute of limitations in California is different for children than for adults. In a typical dog bite incident involving an adult, the statute of limitations to bring a claim would be two years from the time of the injury. In a case involving children, a claim can be brought until the child turns 18 years of age. However, you do not want to delay bringing a claim, as your child can benefit from financial support.
Damages Available in Modesto Dog Bite Cases
Children are eligible for a wide array of damages that can help them recover physically, emotionally, and financially after a traumatic dog bite or attack. These damages can help a child return to everyday, normal life and also help parents or guardians of a child recover financially when they are unable to keep up with the bills on their own. Some of the damages that you may be able to recover include:
- Medical expenses your child has incurred or will incur in the future
- Loss of future earnings if a child is unable to work in the future due to their injuries
- Permanent disfigurement or disability
- Therapy-related costs
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death damages if a life has been taken
If Your Child Was Bitten by a Dog in Modesto
If your child was bitten by a dog in Modesto, there are some steps that you should keep in mind to protect your child’s well-being and their future legal claim. Here are several of these steps:
- Make sure that your child receives medical treatment immediately following the attack. This can prevent infections and ensure that your child’s injuries are documented.
- Identify the dog’s owner, as well as their contact information.
- Identify any witnesses to the accident and obtain their contact information as well.
- Report the incident to police and local animal control so that the incident can be properly investigated.
- Obtain photographs and video of the accident scene and your child’s injuries.
- Document your child’s medical care and any expenses that your child has obtained due to their treatment.
You should never delay taking immediate steps to protect your child after a dog attack, as well as seeking legal help that can ensure that your child’s rights are protected.
Contact a Modesto Dog Bite Accident Lawyer
At Maison Law, we aim to support you and your child after they have been hurt in a dog bite incident in Modesto. Speaking with a Modesto dog bite lawyer can ensure that your child’s rights are being protected during this difficult time in your life. There are many benefits available for you and your family at this time and the insurance company may not make you aware of them. Please contact us to get started and for a free, no-obligation case consultation.
