Child Dog Bite & Facial Injury Lawyer

When a dog bites a child, the injury is often to the face. The scar can last a lifetime, and treatment may continue for years. California law holds the dog’s owner responsible, and a child’s claim has its own rules for deadlines, court approval and protecting the money.

On this page: Why children · The law · What a claim includes · Court approval · Deadlines · What to do now · FAQ

Smith Trial Group represents children and families across Southern California after serious dog attacks. Our past dog bite recoveries include $750,000, $500,000, $359,000 and $200,000. Every case is different, and past results do not guarantee a similar outcome.

Why Children Are Hurt Most Seriously

A child’s face is at the same height as a dog’s mouth. That is why bites to children so often involve the cheeks, lips, nose, eyelids, ears and scalp, while adults are more often bitten on the hands and legs. Most children are bitten by a dog they know: a relative’s, a neighbor’s or a friend’s.

Injuries we see in children’s cases include:

• Deep facial lacerations and tissue loss that require a plastic surgeon.
• Injuries to the eye, tear duct, lip or facial nerve.
• Puncture wounds, crush injuries and fractures.
• Infections, and scars that widen or change as the child grows.
• Nightmares, fear of dogs, anxiety and other lasting emotional harm.

California Law Protects Bitten Children

Under Civil Code section 3342, a dog’s owner is liable when the dog bites someone in a public place or lawfully on private property, including the owner’s own home. You do not have to prove the dog had bitten before or that the owner was careless. A child invited to a friend’s or relative’s house is lawfully there.

Owners and insurers often argue the child provoked the dog by hugging it, pulling its tail or reaching for a toy. California courts look closely at these arguments when the injured person is a young child, and very young children are generally not treated as legally at fault for their own injuries.

Other people may share responsibility: a landlord who knew a tenant’s dog was dangerous and could have had it removed, a daycare or babysitter who left a child alone with a dog, or a business that allowed the dog on its premises.

What a Child’s Claim Can Include

• Medical care now: emergency treatment, surgery, hospital stays and follow-up visits.
• Future scar treatment: scar revision surgery, laser treatment and other procedures. Surgeons often wait until a scar matures, or until the child is older, before deciding what further work is needed, so future care has to be valued carefully.
• Counseling for trauma, anxiety and fear.
• Pain, emotional distress and disfigurement, including what it means to grow up with a visible scar.
• A parent’s own claim in some cases, when a parent saw the attack happen.

Homeowner’s and renter’s insurance usually pays these claims, so a claim involving a relative or neighbor is normally handled by their insurance company, not paid out of their pocket.

Court Approval and Protecting the Money

A child cannot settle a claim alone. In California, a parent or guardian brings the claim, and a judge must approve the settlement of a minor’s claim. The court reviews whether the amount is fair and how the money will be protected, often in a blocked account or a structured settlement that pays out after the child turns 18. We prepare the petition and handle the approval hearing.

Deadlines

• Most California injury claims must be filed within two years. For a child, that period generally does not start to run until the child turns 18.
• Do not rely on the extra time. Evidence, witnesses and insurance information are far easier to secure early, and a parent’s own claims are not extended.
• If a city, county, school district or other public agency may be responsible, a written claim is generally due within six months, even for a child.

What to Do Now

1. Get medical care, and ask whether a plastic surgeon should close facial wounds.
2. Report the bite to the local animal control agency. The report and quarantine records become evidence. See our guides for Los Angeles County, Orange County and Riverside County.
3. Photograph the injuries right away and as they heal, every few days at first.
4. Identify the dog and its owner, and get names of anyone who saw the attack.
5. Do not give a recorded statement or sign anything for an insurance company before getting advice.

Frequently Asked Questions

The dog belongs to a family member. Do we have to sue them?

A claim is usually made against the owner’s homeowner’s or renter’s insurance, and most are resolved with the insurance company. The insurer, not your relative, typically pays the settlement.

The insurance company says my child provoked the dog. Does that end the claim?

No. Provocation is a common defense, but it is examined carefully when the injured person is a young child, and ordinary child behavior is not the same as provocation. Have the facts reviewed before accepting that answer.

How long does my child have to file a claim?

Generally until two years after the child’s 18th birthday. Claims against public agencies have a much shorter deadline, generally six months, and waiting makes any case harder to prove.

Why does a judge have to approve my child’s settlement?

California requires court approval of a minor’s settlement to make sure it is fair and that the money is protected for the child. The court usually orders the funds held in a blocked account or paid through a structured settlement.

How is future scar treatment valued?

Through the treating doctors and, when needed, a plastic surgeon who can describe the procedures the child is likely to need as the scar matures and what they will cost.