Dog Bites and Children: Legal Rights When Your Child Is Attacked
Key Takeaways
Children between ages 5 and 9 have the highest rate of dog bite-related emergency visits, with facial bites accounting for up to 65–70% of injuries in children under 10, according to the CDC. Most states toll (pause) the statute of limitations for minors until they reach age 18, and any settlement on behalf of a minor must be approved by a court. The majority of dog bites to children involve a dog known to the family, not a stray.
Every year, hundreds of thousands of children in the United States are bitten by dogs. For parents, the moment they learn their child has been attacked is one of sheer terror — followed by a flood of questions about medical care, long-term recovery, and who is responsible. If your child has suffered a dog bite injury, understanding your legal rights is the critical first step toward protecting their future.
At MaxxCompensation, attorney Charles C. Teale has helped families across the country pursue full and fair compensation after devastating dog bite attacks on children. This guide covers everything parents need to know — from the unique risks children face, to the legal process of filing a claim on a minor’s behalf, to the types of compensation available for scarring, disfigurement, and emotional trauma.
Why Are Children the Most Vulnerable Victims of Dog Bites?
Children are disproportionately represented among dog bite victims, and there are several reasons why they face greater danger than adults.
Size and Physical Vulnerability
A child’s small stature places their face, head, and neck at the same height as many dogs’ mouths. While an adult bitten on the hand or arm may sustain a relatively minor wound, a child attacked in the same encounter is far more likely to suffer bites to the face, eyes, ears, and scalp — injuries that are more medically dangerous and carry a much higher likelihood of permanent visible scarring.
Developmental Factors
Young children lack the cognitive development to read a dog’s warning signals. They do not understand that a growl, bared teeth, or stiff posture means “back away.” Toddlers may grab a dog’s ears, approach a dog while it is eating, or startle a sleeping animal. None of this is the child’s fault — it is normal childhood behavior that can trigger a defensive or aggressive response.
Inability to Defend or Escape
A small child lacks the physical strength to push a dog away and the speed to outrun one. Once an attack begins, a child is more likely to sustain multiple bites and more severe injuries before help arrives.
What Do the Statistics Show About Dog Bites and Children?
The numbers paint a sobering picture of how frequently children are harmed by dog attacks in the United States:
- According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million dog bites occur annually in the United States, and children between the ages of 5 and 9 have the highest rate of dog bite-related emergency department visits (CDC, Dog Bite Prevention, 2024).
- The American Society of Plastic Surgeons reports that children account for more than 50 percent of all dog bite victims, with boys bitten more frequently than girls.
- Studies published in medical journals consistently find that the majority of dog bites to children involve a dog known to the child — a family pet, a neighbor’s dog, or a relative’s animal — rather than a stray.
- The face is the most commonly injured body part in children under age 10, with facial bites accounting for up to 65 to 70 percent of dog bite injuries in young children.
- Dog bite-related hospitalizations cost an average of $18,000 to $30,000 per incident (Agency for Healthcare Research and Quality, HCUP Statistical Brief #254, 2023), and cases involving reconstructive surgery can exceed six figures.
These statistics underscore a painful reality: the dogs most likely to bite children are not strays roaming the streets, but animals in the child’s own environment, owned by people the family knows and trusts.
What Injuries Do Children Commonly Suffer in Dog Attacks?
Dog bite injuries to children range from puncture wounds that heal relatively quickly to catastrophic, life-altering trauma. Understanding the full spectrum of potential injuries is important when evaluating a legal claim, because compensation must account for all current and future consequences.
Facial Lacerations and Scarring
Because children are bitten on the face far more often than adults, facial lacerations are among the most common injuries. A dog’s teeth can tear through skin, muscle, and cartilage, leaving deep wounds that require dozens or even hundreds of stitches. Even with skilled emergency care, these wounds frequently result in permanent scars. For a young child whose face is still growing and developing, the scarring may change in appearance over time — sometimes improving, but often becoming more noticeable as the child’s features mature.
Infections and Complications
A dog’s mouth harbors numerous bacteria, including Pasteurella, Staphylococcus, Streptococcus, and Capnocytophaga. Puncture wounds are particularly prone to infection because bacteria are driven deep into the tissue where oxygen cannot reach. Children with compromised immune systems or those who do not receive prompt medical attention face heightened risks of:
- Cellulitis (spreading skin infection)
- Abscess formation requiring surgical drainage
- Sepsis (a potentially fatal systemic infection)
- Osteomyelitis (bone infection), particularly in bites near joints or the skull
- Rabies exposure, though rare in domestic animals
Nerve Damage and Loss of Function
Bites to the hands, arms, and face can sever or damage nerves, resulting in numbness, tingling, loss of sensation, or impaired motor function. In children, nerve damage to the face can affect the ability to smile symmetrically, close an eye completely, or move the lips properly — impairments that carry profound social and psychological consequences as the child grows.
Traumatic Brain Injuries
In severe attacks — particularly those involving large dogs and very young children — the force of a bite or the shaking motion during an attack can cause traumatic brain injuries. Skull fractures, intracranial hemorrhage, and concussions have all been documented in pediatric dog bite cases. The long-term cognitive and developmental effects of a brain injury sustained in early childhood can be devastating and may not become fully apparent for years.
Fatal Attacks
In the most tragic cases, dog attacks on children are fatal. Young children, particularly infants and toddlers, are at the greatest risk of death from dog bites due to their small size and the vulnerability of their head and neck. When a child is killed by a dog, the family may pursue a wrongful death claim against the dog’s owner or other responsible parties.
How Does a Dog Bite Affect a Child’s Emotional and Psychological Health?
The physical wounds from a dog bite often heal far more quickly than the psychological ones. Children who survive dog attacks frequently suffer from:
- Post-traumatic stress disorder (PTSD) — nightmares, flashbacks, hypervigilance, and avoidance behaviors are common, particularly in children old enough to remember the attack
- Cynophobia (fear of dogs) — a debilitating phobia that can severely limit a child’s ability to visit friends, play outside, or walk through their own neighborhood
- Anxiety and depression — generalized anxiety, separation anxiety, and depressive symptoms often emerge in the weeks and months following an attack
- Body image issues and social withdrawal — children with visible facial scars may be stared at, questioned, or bullied by peers, leading to shame, isolation, and reluctance to attend school
- Regression — younger children may begin wetting the bed, having tantrums, refusing to sleep alone, or losing developmental milestones they had previously achieved
Psychological treatment — including trauma-focused cognitive behavioral therapy, EMDR (Eye Movement Desensitization and Reprocessing), and in some cases medication — can continue for months or years. The cost of this treatment, along with the emotional suffering itself, is compensable in a personal injury claim.
What Happens When the Dog Belongs to a Friend or Family Member?
One of the most emotionally complicated aspects of child dog bite cases is that the dog’s owner is often someone the family knows. The attack may happen at a grandparent’s house, during a playdate at a neighbor’s home, or at a family gathering. Parents are understandably reluctant to “sue” a friend or relative.
It is important to understand that in the vast majority of cases, the claim is paid by the dog owner’s homeowner’s or renter’s insurance policy — not out of their personal pocket. Filing a claim is not about punishing the dog owner. It is about ensuring that your child receives the medical care, therapy, and compensation they need and deserve.
Homeowner’s insurance policies typically include liability coverage for dog bite injuries, and the insurance company — not your friend or family member — is the entity that pays the settlement or verdict. If you are struggling with the decision to pursue a claim against someone you care about, attorney Charles C. Teale can walk you through the process and explain how insurance coverage works. The goal is always to protect your child’s interests while handling the situation with sensitivity.
Has your child been injured in a dog bite attack? You do not have to navigate this alone. Call MaxxCompensation at 877-462-9952 for a free, confidential consultation with attorney Charles C. Teale. We will review your case, explain your options, and help you make the best decision for your child’s future.
Can Schools, Daycares, or Other Third Parties Be Held Liable?
Dog bite attacks on children do not always occur in private homes. They can happen at schools, daycare centers, parks, and other locations where a third party may bear responsibility.
Schools and Daycares
If a child is bitten by a dog while in the care of a school or daycare, the institution may be liable for failing to provide adequate supervision or for allowing a dog onto the premises without proper safety precautions. Some schools invite therapy dogs or allow “show and tell” animals without implementing appropriate safeguards. If a child is bitten during such an event, the school and its insurance carrier may be held accountable.
Landlords and Property Owners
In some jurisdictions, a landlord who knows that a tenant’s dog is dangerous and fails to take action — such as requiring the tenant to remove the animal or enforcing a “no pets” policy — may share liability for a bite that occurs on the property. This is an important avenue of recovery, particularly when the dog owner lacks sufficient insurance.
Dog Sitters, Walkers, and Handlers
If a dog bites a child while in the care of a professional dog sitter, dog walker, or boarding facility, the handler’s negligence may form the basis of a claim. Professional animal handlers are held to a higher standard of care and may carry commercial liability insurance.
For a thorough explanation of how liability is determined in dog bite cases and which state laws apply, see our detailed guide on dog bite laws, liability, and compensation.
What Reconstructive Surgery and Long-Term Care Might a Child Need?
Many child dog bite victims require not just emergency medical treatment, but ongoing and future medical care that can span years or even decades.
Initial Emergency Treatment
The immediate aftermath of a dog bite attack typically involves emergency department treatment — wound cleaning and debridement, suturing of lacerations, imaging studies to assess bone involvement, and administration of antibiotics and tetanus prophylaxis. Severe injuries may require emergency surgery.
Reconstructive and Plastic Surgery
Children with significant facial injuries often undergo multiple rounds of reconstructive surgery. Because a child’s face is still growing, surgeons may recommend waiting until certain developmental milestones before performing specific procedures. A child bitten at age four may need surgical revisions at age eight, again at twelve, and once more after facial growth is complete in their late teens.
Common reconstructive procedures for child dog bite victims include:
- Scar revision surgery
- Skin grafting
- Tissue expansion
- Laser treatment for scar reduction
- Z-plasty and other techniques to release contractures
- Ear, nose, or lip reconstruction
Ongoing Therapy and Rehabilitation
Beyond surgical care, children may require physical therapy, occupational therapy, speech therapy, and long-term psychological counseling. A comprehensive legal claim must account for all of these needs — not just the bills already incurred, but those reasonably anticipated in the future.
How Do You File a Personal Injury Claim on Behalf of a Minor?
Because children cannot file lawsuits on their own behalf, a parent or legal guardian must act as the child’s legal representative. This process involves unique considerations that do not apply to adult injury cases.
The Guardian Ad Litem or Next Friend
In most jurisdictions, a parent files the lawsuit as the child’s “next friend” (as provided under Fed. R. Civ. P. 17(c)) or the court appoints a guardian ad litem. This ensures that proceedings are conducted in the child’s best interest.
Court Approval of Settlements
One of the most important distinctions in minor’s claims is that any settlement must be approved by a court. The judge reviews the settlement terms, the attorney’s fees, and the plan for managing the child’s money. This safeguard ensures the child’s interests come first.
Structured Settlements and Protected Funds
Courts frequently require that settlement proceeds for minors be placed in a structured settlement, a blocked bank account, or a trust that the child cannot access until they reach the age of majority (typically 18). This ensures that money set aside for future medical care is available when it is needed.
How Does the Statute of Limitations Work for Minor Dog Bite Victims?
Every state has a statute of limitations — a deadline for filing a lawsuit after an injury occurs. For adults, this ranges from one to six years depending on the state. For minors, however, most states “toll” (pause) the statute of limitations until the child reaches the age of majority — for example, California tolls the statute under Cal. Civ. Proc. Code § 352(a), and New York does so under N.Y. CPLR § 208. A child bitten at age three may have until their 19th or 20th birthday to file a lawsuit, depending on the state.
However, this does not mean parents should wait. There are compelling reasons to pursue a claim promptly:
- Evidence deteriorates over time. Witnesses forget details, medical records become harder to obtain, and the dog owner may move, sell the property, or change insurance carriers.
- The dog owner’s insurance policy may have been active at the time of the bite but lapse later. Filing promptly ensures the claim is made while coverage is in force.
- Children need medical care now, not in fifteen years. Pursuing a claim early ensures that funds are available for reconstructive surgery, therapy, and other treatment while the child can benefit most.
- Parents’ own claims (for medical expenses already paid, lost wages for time off work) may be subject to the standard adult statute of limitations and could expire even though the child’s claim remains viable.
An experienced dog bite lawyer can advise you on the specific deadlines that apply in your state and ensure that no claims are lost to a missed filing deadline.
How Is Compensation Calculated for a Child’s Scarring and Disfigurement?
Scarring and disfigurement are among the most significant elements of damages in child dog bite cases. Unlike an adult, a child with facial scarring must live with that visible reminder for an entire lifetime. Compensation for disfigurement in children’s cases often reflects the decades of impact ahead.
Factors that influence the value of a scarring or disfigurement claim include:
- Location of the scar — facial scars, particularly those near the eyes, lips, or nose, are valued more highly than scars in areas typically covered by clothing
- Severity and permanence — deep, raised, or discolored scars that cannot be fully corrected through surgery carry greater value
- Age of the child — the younger the child, the more years they will live with the scarring, and the higher the compensation tends to be
- Gender considerations — while courts are moving away from valuing facial scars differently based on gender, some jurisdictions still recognize that societal expectations may affect the impact of visible scarring
- Psychological impact — the emotional toll of living with visible disfigurement, including the documented effects on self-esteem, social development, and mental health
- Future surgical needs — the anticipated cost and number of future procedures needed to improve the appearance of the scar
What Settlement Issues Are Unique to Children’s Dog Bite Cases?
Settling a child’s dog bite claim requires careful analysis of factors that are unique to pediatric cases. Attorney Charles C. Teale and the team at MaxxCompensation take a meticulous approach to valuing these claims, ensuring that no element of the child’s damages is overlooked.
Projecting Future Medical Costs
Because a child may need additional surgeries, therapy, and medical monitoring for years or decades, the settlement must account for future costs — not just current bills. This often requires testimony from medical experts, life care planners, and economists who can project the total lifetime cost of the child’s care and adjust for inflation.
Valuing Non-Economic Damages
Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement — are inherently subjective. In children’s cases, these damages are amplified by the child’s age. A seven-year-old with permanent facial scarring has seventy or more years of living with that injury. Experienced attorneys use this reality as leverage in negotiations.
Avoiding Premature Settlements
Insurance companies often attempt to settle children’s claims quickly and cheaply, before the full extent of injuries becomes apparent. A premature settlement may leave a family without resources for future surgeries, ongoing therapy, or complications that emerge later. It is critical to work with an attorney who understands the long-term trajectory of pediatric dog bite injuries.
Protecting the Settlement Funds
Courts require settlement funds for minors to be protected through structured settlements, trusts, or blocked accounts that ensure the funds are available when the child needs them.
Do not accept an insurance company’s first offer without legal advice. The initial settlement offer in a child’s dog bite case almost never reflects the true value of the claim. Call 877-462-9952 to speak with attorney Charles C. Teale about your child’s case. The consultation is free, and there is no fee unless we recover compensation for your family.
Frequently Asked Questions About Dog Bites and Children
Can I sue if my child was bitten by our own dog?
In many cases, yes. If you have homeowner’s or renter’s insurance, your policy may cover the injury even though the dog is your own pet. Some policies exclude coverage for the policyholder’s own family members, while others do not. An attorney can review your policy and advise you on whether a viable claim exists. Filing a claim against your own insurance is not an admission of wrongdoing — it is using the coverage you have been paying for.
What if the dog has never bitten anyone before?
Many states have “strict liability” dog bite statutes, meaning the dog owner is liable regardless of the dog’s history. Other states follow a “one bite rule” that may require proof the owner knew the dog was dangerous. Even in “one bite” states, other negligence — such as failure to leash the dog or violating local animal control ordinances — can establish liability. Our guide to dog bite laws and liability explains how these rules vary by state.
How long do I have to file a lawsuit for my child’s dog bite injury?
The statute of limitations varies by state, but because your child is a minor, most states toll the deadline until the child turns 18. That said, filing sooner is almost always better — evidence is fresher, witnesses are easier to locate, and insurance coverage is more likely to be intact. Contact a personal injury lawyer promptly to ensure your child’s rights are preserved.
What compensation can my child receive for emotional trauma and PTSD?
Children who develop PTSD, anxiety, depression, or phobias after a dog attack are entitled to compensation for their emotional suffering. This includes the cost of therapy, counseling, medication, and non-economic damages for living with a psychological condition. Documentation from a child psychologist or psychiatrist is essential to proving and valuing this component of the claim.
Will my child have to testify in court?
The vast majority of dog bite cases — over 95 percent — settle without going to trial. If a case does proceed to trial, whether the child testifies depends on their age and the judge’s discretion. Very young children are generally not required to testify. Older children may provide testimony, but courts take measures to minimize the stress, and in many cases testimony is presented through video deposition rather than live in court.
What if the dog owner has no insurance?
Recovery becomes more challenging but is not impossible. Other parties may share liability — a landlord, a property management company, a school, or a dog-sitting service. Your own homeowner’s policy may also include medical payments coverage that applies. An experienced attorney will explore every possible source of compensation.
Protecting Your Child’s Future After a Dog Bite
A dog bite attack can alter the course of a child’s life. The physical scars may heal, but the emotional, psychological, and financial consequences can persist for decades. As a parent, you have the legal right — and the responsibility — to pursue every available avenue of compensation to ensure your child receives the care and security they need.
Attorney Charles C. Teale and the team at MaxxCompensation handle every aspect of the legal process so you can focus on what matters most: your child’s recovery.
Your child’s future is too important to leave to chance. If your child has been bitten or attacked by a dog, call MaxxCompensation at 877-462-9952 today for a free consultation. Attorney Charles C. Teale will review your case personally and help you understand your family’s legal options. There is no fee unless we win.
