Dog bites can bring both physical pain and emotional distress, especially for children in California.
For dedicated help in navigating this challenging process on behalf of your child, our team of experienced California dog bite lawyers at Maison Law can help. We’ll outline legal options, guide you through the claims process, and make dealing with dog bite injuries more manageable. Contact us for a free consultation.
Does a Child Have the Same Legal Rights as a California Dog Bite Victim?
In California, dog owners are “strictly liable” for any damage their dog causes. This means that if you’re a victim of a dog bite, the owner has to cover your injuries and damages. However, if the injury happens to your child, the process differs slightly. What doesn’t change, though, is your child’s legal rights. As a parent or guardian, you have the right to pursue a claim on behalf of your child.
Before you do that, though, it’s important to understand the circumstances of the accident:
- Children may not fully understand a dog’s behavior and body language, making it more likely for them to approach a dog in a way that the dog perceives as threatening.
- Children are typically smaller in size than adults, making them more susceptible to face and neck bites. Also, their height puts their face at the same level as a dog’s mouth.
- Children can be more unpredictable and excitable, which might make dogs nervous or agitated. Dogs may react defensively or fearfully in such situations.
- Children may have unsupervised interactions with dogs, increasing the risk of an incident. Lack of adult supervision can lead to misunderstandings between the child and the dog.
Under normal circumstances, strict liability doesn’t apply in situations where:
- The victim was trespassing on private property
- The victim provoked the dog into the attack
In cases where a child is involved, they aren’t held to the same standard. However, if you or someone else wasn’t supervising the child when the bite happened, it could be construed as “comparative negligence.” Still, you have the legal right to file a claim. And given the potential for serious injury to your child, this process is very important.
Filing a Claim For Your Child After a California Dog Bite
In terms of the legal process, filing a claim for damages typically after your child is injured by a dog bite is the same as any other injury claim. Namely, it involves the following options, depending on the circumstances:
- Filing an insurance claim.
- Filing a personal injury lawsuit.
- Surviving family members can file a wrongful death lawsuit.
What distinguishes a dog bite involving a child’s injury from others is the potential for extensive and lasting damages that may impact your child’s growth and development. Fortunately, the claims process in California takes this into consideration when calculating damages. Generally, these claims may cover various types of damages, such as:
- Medical bills and expenses – After a child is bitten by a dog, we need to handle both immediate and future medical costs. This includes initial treatment and any potential upcoming medical needs like surgeries, therapies, or medications necessary for recovery.
- Lost earnings – In the case of a child, this might not directly affect their earnings but could impact parents or guardians who might lose income due to taking time off work to care for the child during recovery. It’s crucial to think about how this affects the family’s finances.
- Permanent disability – If a dog bite leads to permanent disfigurement or disability for a child, it becomes more complex. This involves not just the physical and emotional toll on the child but also potential long-term care, adaptive technologies, and changes to living spaces.
- Pain and suffering – The child’s pain and suffering are vital considerations in determining damages. This includes physical pain from the injury and emotional distress. Understanding and measuring these aspects are essential for deciding fair financial support.
- Loss of enjoyment of life – A dog bite can affect a child’s ability to enjoy various aspects of life like playing and socializing. Assessing the loss of these joys is crucial in understanding the overall impact on the child’s quality of life.
- Wrongful death expenses – If, unfortunately, the dog bite results in a fatal injury, we must think about funeral and burial expenses. This not only involves immediate financial burdens but also considers the emotional toll on the family, which can be part of your damages.
Importantly, the statute of limitations in such a claim would usually be two years from the date of the accident. However, when a child is involved, it doesn’t kick in until they turn 18 years old. This can give you more time to file your claim. However, you should be aware of what else you should do.
What Do You Need to Do If Your Child is Bitten by a Dog in California?
Similar to the legal process, if your child is bitten by a dog in California, the initial steps you should take are comparable to any injury incident. The primary concern, obviously, is to look for the injuries to your child first. Once you’ve taken care of their well-being, you can start considering the legal possibilities and what steps you should take to bolster your case. As you might expect, this also looks similar to other dog bite incidents:
- Get medical care – If your child has been bitten by a dog, it’s crucial to seek prompt medical attention. Their initial treatment of the wound can head off any complications, and records will be important evidence in your claim.
- Identify the dog’s owner – If possible, gather as much information as you can on the dog’s owner, including their name and contact details. This information becomes crucial during the claims process, since they’ll primarily be responsible.
- Report the incident – Report the incident to your local animal control or law enforcement about. They will likely conduct an investigation to assess the circumstances and make sure the public is safe.
- Collect supporting evidence – Gather evidence related to the dog bite, including photos of the injuries, the incident location, and any witness statements. This evidence strengthens your case.
- Document your child’s medical treatment – Keep detailed records of your child’s medical treatments and expenses related to the dog bite, such as hospital visits, surgeries, medications, and ongoing medical care.
In the end, the choice to take legal action is entirely yours. If you choose to explore your options, contact us for a free consultation. There’s no obligation to hire us, but we’ll explain the process, what to expect, and offer assistance with the following:
- Investigating the incident
- Explaining your child’s options and the path ahead
- Helping you gather evidence
- Handling talks with the insurance company and the other party’s legal representatives
Our main aim in supporting your case is to secure financial support and benefits for your child’s injuries and losses. When you trust us with your case, you can concentrate on your child’s recovery, and we’ll take care of the responsibilities of your claim.
Dedicated California Child Dog Bite Lawyers Can Help you
When your child is bitten by a dog, it’s an incredibly traumatic experience. Even if their injuries are minor, the mental and emotional impact can last well after the incident is over and can stick with your child as they continue to grow.
At Maison Law, we understand how dedicated you are to your child’s safety, and we share that dedication. If your child has been bitten by a dog and you want to know more about what you can do, contact us for a free, no-obligation consultation today.
