Children are the most frequent victims of dog bites and often suffer the most severe injuries. The law provides special protections for child dog bite victims, recognizing their vulnerability and limited ability to protect themselves. Parents pursuing claims on behalf of injured children should understand how these cases differ from adult claims.
Why Children Are More Vulnerable
Children face heightened risks from dog attacks for several reasons: their small size puts them at eye level with dogs, which dogs may perceive as threatening; children may not recognize warning signs of aggression; they often approach dogs enthusiastically without caution; and their smaller bodies suffer more severe injuries from the same bite force that might cause minor injuries in adults.
Facial and head injuries are particularly common in children because of their height relative to dogs. These injuries often require multiple surgeries and cause lifelong disfigurement.
Special Legal Protections for Children
The law generally holds children to a lower standard of care than adults. Defenses like provocation or contributory negligence are difficult to apply against young children. Courts recognize that children lack the judgment to understand dangers that adults might appreciate.
In most jurisdictions, children under age 7 are conclusively presumed incapable of negligence. Children ages 7-14 are presumed incapable of negligence, though this presumption can be rebutted with evidence. Only children 14 and older are held to the same standard as adults in some states.
The Provocation Defense Against Children
Dog owners frequently argue that victims provoked the attack. This defense is much weaker against children. Courts recognize that children may unintentionally "provoke" dogs through normal childish behavior—running, screaming, making sudden movements, or reaching toward the dog.
The question is whether the child's conduct would be reasonably expected from a child of that age. Behavior that might constitute provocation by an adult—such as pulling a dog's ears or tail—may be excused in a young child who doesn't understand such actions could cause a dog to bite.
Parents as Legal Representatives
Parents or legal guardians must bring claims on behalf of injured children. These claims are filed as "next friend" or guardian actions. Parents can recover damages for the child's injuries, and separately, parents may have their own claims for medical expenses they paid and loss of their child's services.
Court Approval of Settlements
Settlements involving minor children typically require court approval. A judge reviews the settlement to ensure it's fair and in the child's best interest. The child's portion of any settlement is usually placed in a blocked account or structured settlement that the child cannot access until reaching adulthood—protecting the funds from being spent before the child can benefit.
Longer Statute of Limitations
Many states toll (pause) the statute of limitations for minors. This means the deadline for filing doesn't begin running until the child turns 18. However, parents should file claims promptly regardless—evidence deteriorates, witnesses forget, and some states have limitations on when minors' claims can be filed by guardians.
Damages for Child Victims
Children may recover significant damages including medical expenses for all treatment, future medical costs for ongoing care and surgeries, pain and suffering during recovery and ongoing, emotional trauma and psychological treatment, permanent disfigurement and scarring, and loss of future earning capacity if injuries affect their ability to work as adults.
Emotional and Psychological Injuries
Dog attacks often cause lasting psychological trauma in children. Post-traumatic stress disorder (PTSD), fear of dogs, nightmares, anxiety, and behavioral changes are common. These psychological injuries may require years of therapy and affect the child's development and quality of life.
Document psychological symptoms carefully. Keep records of behavioral changes, school difficulties, sleep disturbances, and therapy sessions. Expert testimony from child psychologists can establish the severity and likely duration of psychological harm.
School and Activity Impact
Injuries may affect a child's ability to participate in school and activities. Missing school, inability to participate in sports or physical education, social difficulties from visible scarring, and developmental delays all factor into damages calculations.
Protecting Your Child's Claim
To protect your child's legal rights: seek immediate medical attention and follow all treatment recommendations; photograph injuries and document the healing process; report the incident to animal control; gather witness information; keep detailed records of all expenses and impacts; and consult a personal injury attorney experienced in child dog bite cases.
Don't accept quick settlement offers from insurance companies—initial offers rarely account for the full extent of a child's injuries, future treatment needs, and lifelong impact of scarring and trauma.