What Changes in Child Dog Bite Claims
Child dog bite claims follow the same strict liability statute as adult claims, yet several procedural rules change because the injured person is a minor. A parent or guardian usually handles the claim, a court generally must approve any settlement and filing deadlines can work differently. Children also tend to suffer bites to the face and head, so scarring and emotional effects often play a larger role. Because of that, these claims usually take more time and care to document.
The Bite Statute Applies to Children Too
Civil Code section 3342 makes a dog owner liable when the dog bites someone in a public place or lawfully in a private place. The owner’s liability does not depend on whether the dog had bitten before. The full text is on the California Legislature site.
A child visiting a friend’s home is usually there lawfully, since an invitation can be express or implied. So the statute may cover a bite at a neighbor’s house, a park or a sidewalk. Where a child was somewhere without permission, though, the analysis can shift. For more on the general rule, see California dog bite liability.
Provocation and a Child’s Behavior
Owners sometimes argue that a child provoked the dog by pulling its tail or grabbing its food. However, the law generally judges a child’s conduct against what a reasonable child of similar age, intelligence and experience would do. Courts do not expect a toddler reaching for a dog to act like an adult.
That does not mean a child’s actions never matter. Still, the defense often has a harder time with very young children. Write down what the child was doing just before the bite, while memories remain fresh.
Who Brings the Claim
A minor generally cannot file a lawsuit alone. Instead, a court appoints a guardian ad litem under Code of Civil Procedure section 372, and that person is often a parent. The guardian ad litem acts for the child in the case.
Parents may also have their own claim for medical bills they paid for the child. Those bills belong to the parent in many situations, while pain, scarring and future losses belong to the child. So the two claims can overlap and need careful tracking.
Court Approval of Child Dog Bite Claims
Under Probate Code section 3500, a court generally must approve the compromise of a minor’s disputed claim. Parents cannot simply sign a release for a child the way an adult signs for themselves. The court reviews the amount, the fees and the plan for holding the money.
The California Rules of Court set out this process, and the courts provide forms for it. Often the funds go into a blocked account or an annuity until the child turns 18. Then the court must approve any withdrawal before that date. As a result, the family should expect a hearing or at least a review before the settlement becomes final.
Filing Deadlines for Minors
Code of Civil Procedure section 352 generally pauses the filing deadline while the injured person is a minor. However, that pause has important exceptions. For instance, section 352(b) excludes claims that must first go through the Government Claims Act, which means a bite involving a public agency’s dog can have a short deadline.
The parent’s own claim for medical expenses may also run on a different clock. Therefore, waiting until a child turns 18 is risky. Have a lawyer confirm the deadline for each part of the claim early. The site explains general timing in California injury filing deadline.
Documenting Injuries in Child Dog Bite Claims
Photograph the wounds on the day of the bite and at regular points during healing. Facial scars on a child can change as the child grows, so a plastic surgeon may need to weigh in on future revision surgery. Keep every treatment record.
Emotional effects also count. Children may develop fear of dogs, nightmares or anxiety outdoors. Note those changes in a journal, and keep records from any counselor or therapist. Teachers can sometimes describe behavior changes at school too.
Reporting the Bite
California regulations require a report of each bite to the local health officer. Doctors often make that report, though parents can also contact animal control. The report starts a quarantine of the dog, which helps confirm rabies status.
Ask for the report number. Also save the name of the animal control officer who handled the case, since you may need to request the file later and the officer’s notes can describe the dog, the setting and what the owner said at the time. Later, that report can also confirm the date, the location and the owner’s identity.
Insurance and the Owner
Homeowners and renters insurance often responds to dog bites. Get the owner’s name, address and insurer if you can. When the owner is a relative or a friend, families sometimes hesitate, yet the claim usually goes against the insurance policy rather than the family’s savings.
If the dog belongs to a landlord’s tenant, or a business allowed the dog on site, other parties may also be involved. Note who owned the property and who cared for the dog that day.
This article is general information, not legal advice. Laws change and every situation is different.